WASHINGTON v. COM.

Record No. 0500-05-1.

632 S.E.2d 625 (2006)

48 Va. App. 486

Marcus WASHINGTON, s/k/a Marcus A. Washington v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Chesapeake.

August 1, 2006.


Attorney(s) appearing for the Case

Peter R. Roane (The Cochran Firm, on briefs), for appellant.

Kathleen B. Martin, Senior Assistant Attorney General (Robert F. McDonnell, Attorney General, on brief), for appellee.

Present: BENTON, HUMPHREYS and PETTY, JJ.


PETTY, Judge.

A jury convicted Marcus A. Washington of rape. On appeal, Washington contends the trial court erred in permitting the victim to testify during the Commonwealth's case-in-chief of the sentencing phase of his trial. He asserts Code § 19.2-295.1 only permitted the Commonwealth to introduce prior convictions during its case-in-chief and the trial judge should have permitted the victim impact testimony, if at all, as rebuttal evidence. After applying...

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