HICKS v. COM.

Record No. 1431-11-4.

725 S.E.2d 748 (2012)

60 Va. App. 237

Thomas Lee HICKS v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Lexington.

May 29, 2012.


Attorney(s) appearing for the Case

Lorie E. O'Donnell , Public Defender, for appellant.

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

Present: HUMPHREYS, PETTY and McCULLOUGH, JJ.


HUMPHREYS, Judge.

Thomas Lee Hicks ("Hicks") appeals his conviction in the Circuit Court of Rappahannock County ("trial court") where a jury found him guilty of attempted murder, aggravated malicious wounding, robbery, and use of a firearm in the commission of a felony. On appeal, Hicks argues (1) that the "trial court erred by ruling that statements of Clyde Dellinger, the alleged victim, could come into evidence as an excited utterance exception to the hearsay rule...

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