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MARTIN v. COM.

Record No. 052060.

630 S.E.2d 291 (2006)

272 Va. 31

James MARTIN v. COMMONWEALTH OF VIRGINIA.

Supreme Court of Virginia.

June 8, 2006.

Attorney(s) appearing for the Case

Robert J. Cuningham, Jr. (Whitestone, Brent, Young & Meril, on brief), Fairfax, for appellant.

Alice T. Armstrong, Assistant Attorney General (Robert F. McDonnell, Attorney General; Josephine F. Whalen, Assistant Attorney General, on brief), for appellee.

Present: All the Justices.

OPINION BY Justice ELIZABETH B. LACY.

James A. Martin was convicted of aggravated sexual battery, a violation of Code § 18.2-67.3, based on events occurring in February 2003.1 The facts are undisputed. Martin, then fourteen years old, exposed his penis to the eight-year-old victim, asked the victim to masturbate him and, following Martin's directions, the victim complied. Martin's conviction was affirmed by the Court of Appeals in...

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