MITCHELL v. COM.

Record No. 2668-02-2.

587 S.E.2d 727 (2003)

41 Va. App. 598

John Ian MITCHELL v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia.

October 28, 2003.


Attorney(s) appearing for the Case

Melvin J. Radin, Norfolk, for appellant.

Donald E. Jeffrey, III, Assistant Attorney General (Jerry W. Kilgore, Attorney General, on brief), for appellee.

Present: ELDER, Judge, BUMGARDNER, Judge, and OVERTON, Senior Judge.


OVERTON, Judge.

John Ian Mitchell appeals his bench trial conviction for forcible sodomy. He argues the evidence was insufficient to support his conviction. Specifically, he contends the Commonwealth failed to establish he performed the act through the use of the victim's mental incapacity. For the reasons that follow, we disagree and affirm his conviction.

"On appeal, `we review the evidence in the light most favorable to the Commonwealth, granting to it...

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