TART v. COM.

Record No. 3009-06-4.

663 S.E.2d 113 (2008)

52 Va. App. 272

Joshua TART v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Alexandria.

July 15, 2008.


Attorney(s) appearing for the Case

Dawn M. Butorac, Deputy Public Defender, for appellant.

Rosemary V. Bourne, Assistant Attorney General (Robert F. McDonnell, Attorney General, on brief), for appellee.

Present: McCLANAHAN, PETTY, JJ., and ANNUNZIATA, Senior Judge.


WILLIAM G. PETTY, Judge.

A jury convicted the appellant, Joshua Tart, of pandering in violation of Code § 18.2-357. On appeal, Tart contends the trial court erred by improperly instructing the jury regarding the elements of the offense. We disagree and affirm Tart's conviction.

I. BACKGROUND

"On appeal, when the issue is a refused jury instruction, we view the evidence in the light most favorable to the proponent of the instruction." Lynn...

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