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BOWDEN v. COM.

Record No. 1651-07-1.

667 S.E.2d 27 (2008)

52 Va. App. 673

Paul Talmadge BOWDEN v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia.

October 7, 2008.

Attorney(s) appearing for the Case

(Patrick A. Robbins, on brief), for appellant. Appellant submitting on brief.

(Robert F. McDonnell, Attorney General; Richard B. Smith, Special Assistant Attorney General, on brief), for appellee. Appellee submitting on brief.

Present: KELSEY and PETTY, JJ., and WILLIS, S.J.

PETTY, Judge.

Following a bench trial, appellant, Paul Talmadge Bowden, was convicted of aggravated sexual battery in violation of Code § 18.2-67.3. Bowden challenges this conviction, arguing that the trial court erred when it held that aggravated sexual battery is a lesser-included offense of forcible sodomy. For the reasons stated below, we agree with Bowden and reverse his conviction.

I. BACKGROUND

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