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BRUCE v. COMMONWEALTH OF VA (59773)


BRUCE

v.

COMMONWEALTH OF VA


November 6, 1998
Record No. 980019
Court of Appeals No. 0931-95-2

Donnie Lee Bruce, Appellant,

v.

Commonwealth of Virginia, Appellee.


Upon an appeal from a judgment rendered by the
Court of Appeals of Virginia on the 16th day of April,
1996.

Upon consideration of the record, briefs, and
argument of counsel, the Court is of opinion that there is no
error in the judgment appealed from. Accordingly, for the reasons
stated in the opinion of the Court of Appeals, Bruce v.
Commonwealth
, 22 Va. App. 264, 469 S.E.2d 64 (1996), the
judgment is affirmed.

The appellant shall pay to the Commonwealth of
Virginia thirty dollars damages.

It is ordered that the Circuit Court of
Albemarle County allow counsel for the appellant a fee of $725
for services rendered the appellant on this appeal, in addition
to counsel’s costs and necessary direct out-of-pocket expenses.

The Commonwealth shall recover of the appellant
the amount paid court-appointed counsel to represent him in this
proceeding, counsel’s costs and necessary direct out-of-pocket
expenses, and the fees and costs to be assessed by this Court and
the courts below.

This order shall be published and shall be
certified to the Court of Appeals and to the Circuit Court of
Albemarle County.

A Copy, Teste:

David B. Beach, Clerk

Costs due the Commonwealth by appellant in the
Supreme Court of Virginia:

Attorney’s fee $725.00 plus costs and expenses

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