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COURT OF APPEALS OF VIRGINIA


Present:  Judges Willis, Lemons and Frank
Argued at Norfolk, Virginia


ELMER K. FLOYD
   OPINION BY
v. Record No. 2427-98-1 JUDGE DONALD W. LEMONS
           DECEMBER 21, 1999
COMMONWEALTH OF VIRGINIA


FROM THE CIRCUIT COURT OF THE CITY OF HAMPTON
William C. Andrews, III, Judge

  Charles E. Haden for appellant.

  Jeffrey S. Shapiro, Assistant Attorney General (Mark L. Earley, Attorney General, on brief), for appellee.



Elmer K. Floyd was convicted in a bench trial of robbery of Annette Keats in violation of Code

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Virginia Law