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JETT v. COM.

Record No. 1698-97-4.

501 S.E.2d 457 (1998)

27 Va. App. 759

Roger Lee JETT v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Alexandria.

July 14, 1998.

Attorney(s) appearing for the Case

Elwood Earl Sanders, Jr., Director Capital/Appellate Services, Woodbridge (Jay K. Wilk, Assistant Public Defender; Public Defender Commission, on briefs), for appellant.

Daniel J. Munroe, Assistant Attorney General (Mark L. Earley, Attorney General, on brief), for appellee.

Present: FITZPATRICK, C.J., BENTON, J., and DUFF, Senior Judge.

FITZPATRICK, Chief Judge.

Roger Lee Jett (appellant) was convicted in a jury trial of object sexual penetration in violation of Code § 18.2-67.2 and sodomy in violation of Code § 18.2-67.1. Appellant contends the trial court erred in denying his motion to strike the object sexual penetration charge because the victim's testimony was legally insufficient to prove penetration. For the following reasons, we affirm the conviction.

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