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JETT v. COM.

Record No. 1698-97-4.

510 S.E.2d 747 (1999)

29 Va. App. 190

Roger Lee JETT v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Richmond.

February 23, 1999.

Attorney(s) appearing for the Case

Elwood Earl Sanders, Jr., Appellate Defender (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, COLEMAN, WILLIS, ELDER, BRAY, ANNUNZIATA, BUMGARDNER and LEMONS, JJ., and OVERTON, Senior Judge.

UPON REHEARING EN BANC

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. On appeal, 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...

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