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COURT OF APPEALS OF VIRGINIA

Present: Judges Annunziata, Bumgardner and Frank Argued at Chesapeake, Virginia

RUBEN E. MARTINEZ v. Record No. 0051-03-1 OPINION BY JUDGE ROBERT P. FRANK DECEMBER 23, 2003

COMMONWEALTH OF VIRGINIA

FROM THE CIRCUIT COURT OF THE CITY OF HAMPTON Louis R. Lerner, Judge Charles E. Haden for appellant. Michael T. Judge, Assistant Attorney General (Jerry W. Kilgore, Attorney General, on brief), for appellee.

Ruben E. Martinez (appellant) was convicted in a jury trial of first-degree murder, in violation of Code

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Virginia Law