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SMITH v. COM.

Record Nos. 0220-99-2, 1341-99-2.

531 S.E.2d 11 (2000)

32 Va. App. 766

Dayomic Jackie SMITH v. COMMONWEALTH of Virginia. Dayomic Jackie Smith v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Richmond.

July 11, 2000.

Attorney(s) appearing for the Case

Amy M. Curtis (John A. Rockecharlie; Bowen, Bryant, Champlin & Carr, on brief), Richmond, for appellant.

Robert H. Anderson, III, Assistant Attorney General (Mark L. Earley, Attorney General, on brief), for appellee.

Present: WILLIS and ELDER, JJ., and COLE, Senior Judge.

ELDER, Judge.

Dayomic Jackie Smith (appellant) appeals from his jury trial convictions for two counts of attempted rape and one count each of rape and object sexual penetration. On appeal, he contends the trial court erroneously (1) overruled his objection to the Commonwealth's repeated references to facts not in evidence and in refusing his request for a curative instruction regarding same; (2) concluded the evidence was sufficient to support his convictions; and...

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