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WOODARD v. COM.

Record No. 130854.

754 S.E.2d 309 (2014)

Timothy WOODARD v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

February 27, 2014.

Attorney(s) appearing for the Case

Andrew G. Wiggin , Chesapeake, for appellant.

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

PRESENT: All the Justices.

Opinion by Justice LEROY F. MILLETTE, JR.

In this appeal we consider whether the Court of Appeals of Virginia erred when, after reversing a felony murder conviction as not being supported by sufficient evidence, it refused to remand to the circuit court for resentencing two felony drug convictions, one of which supplied the underlying basis for the felony murder conviction.

I. Facts and Proceedings

Timothy Woodard was separately indicted and charged...

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