SIMERLY v. COM.

Record No. 3010-97-2.

514 S.E.2d 387 (1999)

29 Va. App. 710

Bobby Joe SIMERLY v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Richmond.

May 18, 1999.


Attorney(s) appearing for the Case

Diana H. Wheeler, Orange, for appellant.

Eugene Murphy, Assistant Attorney General (Mark L. Earley, Attorney General, on brief), for appellee.

Present: BENTON, WILLIS and LEMONS, JJ.


LEMONS, Judge.

Bobby Joe Simerly was convicted of rape, abduction with the intent to defile, and malicious wounding. On appeal, he argues that the trial court erred in refusing to defer sentencing for a mental examination pursuant to Code §§ 19.2-300 and 19.2-176. We affirm the trial court's refusal to order a mental examination pursuant to Code § 19.2-176; however, we reverse and remand for resentencing after the trial court's compliance with Code...

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