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STARTIN v. COM.

Record No. 100778.

706 S.E.2d 873 (2011)

Duane Elmer STARTIN, Jr. v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

March 4, 2011.

Attorney(s) appearing for the Case

Neal Goldberg , Volunteer Assistant Public Defender ( Teresa E. McGarrity , Senior Assistant Public Defender, on briefs), for appellant.

Craig W. Stallard , Assistant Attorney General ( Kenneth T. Cuccinelli II , Attorney General, on brief), for appellee.

Present: KINSER, C.J., LEMONS, GOODWYN, and MILLETTE, JJ., and RUSSELL, LACY, and KOONTZ, S.JJ.

OPINION BY Justice DONALD W. LEMONS.

In this appeal, we consider whether the Court of Appeals erred when it affirmed the convictions of Duane Elmer Startin, Jr. ("Startin") for use or display of a firearm in the commission of a felony under Code § 18.2-53.1.

I. Facts and Proceedings Below

On January 12, 2005, Startin entered a pharmacy in Fairfax County and stated that he needed a bottle of Oxycontin. When the pharmacist asked him for a prescription...

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