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BELEW v. COM.

Record No. 110532.

726 S.E.2d 257 (2012)

284 Va. 173

Vickie Marrs BELEW v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

June 7, 2012.

Attorney(s) appearing for the Case

James Hingeley , Public Defender, for appellant.

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

Present: All the Justices.

Opinion by Justice WILLIAM C. MIMS.

In this appeal, we consider whether the Court of Appeals erred in declining to consider a transcript that was not filed within the 60-day period set forth in Rule 5A:8(a) but that ostensibly was made part of the record by the circuit court under Code § 8.01-428(B) and Rule 5A:9 as the correction of a clerical mistake.

I. BACKGROUND AND MATERIAL PROCEEDINGS BELOW

Belew was convicted in the Circuit Court of...

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