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HOLLOWAY v. COM.

Record No. 0828-08-1.

705 S.E.2d 510 (2011)

57 Va. App. 658

Kevin L. HOLLOWAY v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Richmond.

February 15, 2011.

Attorney(s) appearing for the Case

S. Jane Chittom (Office of the Capital Defender, on briefs), for appellant.

Leah A. Darron , Senior Assistant Attorney General ( Kenneth T. Cuccinelli, II , Attorney General, on brief), for appellee.

UPON A REHEARING EN BANC

FRANK, Judge.

Kevin L. Holloway ("appellant") was convicted, in a bench trial, of possession with intent to distribute an imitation controlled substance, in violation of Code § 18.2-248(G), and assault and battery of a law enforcement officer, in violation of Code § 18.2-57. On a rehearing, a divided panel reversed the possession with the intent to distribute conviction, but affirmed the conviction for assault and battery of a law enforcement officer.

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