MOLINA v. COMMONWEALTH

Record No. 060267.

636 S.E.2d 470 (2006)

Jaime Salvador MOLINA v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

November 3, 2006.


Attorney(s) appearing for the Case

S. Jane Chittom, Appellate Defender (Virginia Indigent Defense Com'n, on brief), for appellant.

Eugene Murphy, Senior Asst. Atty. Gen. (Robert F. McDonnell, Atty. Gen., on brief), for appellee.

Present: HASSELL, C.J., LACY, KEENAN, KINSER, LEMONS, and AGEE, JJ., and RUSSELL, Senior Justice.


OPINION BY Justice DONALD W. LEMONS.

In this appeal, we consider two issues: (1) whether the trial court erred in granting an instruction including use of the victim's mental incapacity in a rape case; and (2) whether there was sufficient evidence to convict the defendant of forcible sodomy.

I. FACTS AND PROCEEDINGS BELOW

A. Prior Proceedings

On October 24, 2003, a jury in the Circuit Court of Fairfax County found Jaime Salvador Molina...

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