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SANFORD v. COM.

Record No. 0230-08-4.

678 S.E.2d 842 (2009)

54 Va. App. 357

Charles M. SANFORD v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Alexandria.

July 14, 2009.

Attorney(s) appearing for the Case

Paul E. Pepper, Deputy Public Defender (Office of the Public Defender, on brief), for appellant.

Eugene Murphy, Senior Assistant Attorney General (Robert F. McDonnell, Attorney General, on brief), for appellee.

Present: HUMPHREYS, HALEY and ALSTON, JJ.

HALEY, Judge.

Within Article 7 of Title 18.2 of the Code, "Criminal Sexual Assault," Code § 18.2-67.10(3) defines "Mental Incapacity" as "that condition ... existing at the time of an offense ... which prevents the complaining witness from understanding the nature or consequences of the sexual act involved...." Charles M. Sanford was convicted by the trial court of forcible sodomy (cunnilingus), accomplished...

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