FORTUNE v. COM.

Record No. 0140-91-2.

416 S.E.2d 25 (1992)

Ricky FORTUNE v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia.

March 31, 1992.


Attorney(s) appearing for the Case

James B. Gochenour, Colonial Beach, for appellant.

Michael T. Judge, Asst. Atty. Gen. (Mary Sue Terry, Atty. Gen., on brief), for appellee.

Present: BARROW, COLEMAN and MOON, JJ.


BARROW, Judge.

This appeal is from a conviction of attempted rape. The defendant contends that the evidence was insufficient to support a conviction of attempted rape instead of an attempt to commit sodomy. Because the defendant's conduct was consistent with preparation for sexual intercourse, the trier of fact could infer that the defendant intended to rape the victim. Therefore, we hold that the evidence was sufficient to support his conviction.

The defendant...

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