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MOORE v. COM.

Record No. 961633.

491 S.E.2d 739 (1997)

Melvin Alexander MOORE v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

September 12, 1997.

Attorney(s) appearing for the Case

Andrew M. Sacks (Stanley E. Sacks; Sacks & Sacks, on brief), Norfolk, for appellant.

Leah A. Darron, Assistant Attorney General (James S. Gilmore, III, Attorney General, of brief), for appellee.

Present: CARRICO, C.J., and COMPTON, STEPHENSON, LACY, HASSELL, and KEENAN, JJ., and POFF, Senior Justice

COMPTON, Justice.

Melvin Alexander Moore was indicted in October 1993 in the Circuit Court of Appomattox County for rape of a child under the age of 13 years, Code § 18.2-61(A)(iii), allegedly committed in September 1984. Following a unitary trial, a jury found the defendant guilty as charged and recommended a 15-year sentence.

After a hearing and consideration of a pre-sentence report, the trial court confirmed the 15-year sentence. However, the court...

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