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DE'ARMOND v. COM.

Record No. 1987-06-3.

654 S.E.2d 317 (2007)

51 Va. App. 26

Arnold Lynn DE'ARMOND v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia.

December 27, 2007.

Attorney(s) appearing for the Case

Robert L. Wegman (The Law Office of Robert L. Wegman, on brief), for appellant.

Stephen R. McCullough, Deputy State Solicitor General (Robert F. McDonnell, Attorney General; William E. Thro, State Solicitor General, on brief), for appellee.

Present: KELSEY, HALEY and BEALES, JJ.

KELSEY, Judge.

A jury convicted Arnold Lynn De'Armond of committing three acts of aggravated sexual battery against his granddaughter, a child under the age of thirteen. See Code § 18.2-67.3(A)(1). On appeal, he claims the trial court should have merged the three charges into one. Not doing so, De'Armond argues, violated Code § 19.2-294 and the Double Jeopardy Clause of the Fifth Amendment. We disagree...

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