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ALFORD v. COM.

Record No. 2125-09-3.

696 S.E.2d 266 (2010)

56 Va. App. 706

Billy Leon ALFORD v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia.

August 10, 2010.

Attorney(s) appearing for the Case

Melissa W. Friedman (Anthony F. Anderson; Anderson & Friedman, on brief), for appellant.

Richard B. Smith, Senior Assistant Attorney General (Kenneth T. Cuccinelli, II, Attorney General, on brief), for appellee.

Present: FELTON, C.J., and KELSEY and McCLANAHAN, JJ.

KELSEY, Judge.

A grand jury indicted Billy Leon Alford for attempted rape. At trial, the prosecutor and Alford's counsel agreed on a set of jury instructions which included finding instructions for attempted rape and assault and battery.1 The jury convicted Alford of assault and battery.

On appeal, Alford argues the trial court erred by instructing the jury on assault and battery because it is not a lesser-included offense of attempted...

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