COURT OF APPEALS OF VIRGINIA Present: Chief Judge Fitzpatrick, Judges Benton, Elder, Annunziata, Bumgardner, Frank, Humphreys, Clements, Felton and Kelsey Argued at Richmond, Virginia DEMETRIUS KELLY OPINION BY v. Record No. 3100-01-1 JUDGE ROBERT J. HUMPHREYS AUGUST 5, 2003 COMMONWEALTH OF VIRGINIA UPON A REHEARING EN BANC FR…
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