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MERRITT v. COM.

Record No. 1871-08-1.

704 S.E.2d 158 (2011)

57 Va. App. 542

Glen Patrick MERRITT v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Richmond.

January 25, 2011.

Attorney(s) appearing for the Case

Harry Dennis Harmon, Jr. , Norfolk, for appellant.

Josephine F. Whalen , Assistant Attorney General II ( Kenneth T. Cuccinelli, II , Attorney General, on brief), for appellee.

Present: FELTON, C.J., and ELDER, FRANK, HUMPHREYS, KELSEY, McCLANAHAN, HALEY, PETTY, BEALES, POWELL and ALSTON, JJ.

UPON A REHEARING EN BANC

McCLANAHAN, Judge.

A jury convicted Glen Patrick Merritt of possession of ecstasy (MDMA), a Schedule I controlled substance, with intent to distribute, second or subsequent offense, in violation of Code § 18.2-248; transporting ecstasy into the Commonwealth, with intent to distribute, in violation of Code § 18.2-248.01; and conspiracy to possess ecstasy with intent to distribute in violation of Code § 18.2-256. The...

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