SCHNEIDER v. COM.

Record No. 0628-05-1.

625 S.E.2d 688 (2006)

47 Va. App. 609

Christopher Paul SCHNEIDER v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Chesapeake.

February 7, 2006.


Attorney(s) appearing for the Case

Brandon H. Zeigler (Wolcott Rivers Gates, on brief), Virginia Beach, for appellant.

Susan L. Parrish, Assistant Attorney General (Judith Williams Jagdmann, Attorney General; Denise C. Anderson, Assistant Attorney General, on brief), for appellee.

Present: ELDER, CLEMENTS and HALEY, JJ.


HALEY, Judge.

The sole issue here for determination is whether the trial court erred in finding a witness was "unavailable" and in consequently admitting into evidence a transcript of her preliminary hearing testimony at trial. Finding no error, we affirm appellant's conviction of a violation of Code § 18.2-61.

I.

Appellant was charged with raping his stepdaughter, C.S., in violation of Code § 18.2-61. At the October 3, 2002 preliminary...

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