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COURT OF APPEALS OF VIRGINIA Present: Judges Humphreys, Felton and Senior Judge Annunziata Argued at Alexandria, Virginia

CLIFFORD WHEELER v. Record No. 2241-03-4 OPINION BY JUDGE ROSEMARIE ANNUNZIATA JANUARY 11, 2005

COMMONWEALTH OF VIRGINIA

FROM THE CIRCUIT COURT OF FAIRFAX COUNTY Randy I. Bellows, Judge Mark J. Yeager for appellant. Eugene Murphy, Assistant Attorney General (Jerry W. Kilgore, Attorney General, on brief), for appellee.

Clifford Wheeler was convicted on one count of possession of heroin in violation of Code

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Virginia Law