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PULLIAM v. COM.

Record No. 2427-08-2.

688 S.E.2d 910 (2010)

55 Va. App. 710

Garry Lee PULLIAM v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia.

February 23, 2010.

Attorney(s) appearing for the Case

James C. Bell, for appellant.

Benjamin H. Katz, Assistant Attorney General (William C. Mims, Attorney General, on brief), for appellee.

Present: FRANK, HUMPHREYS and PETTY, JJ.

FRANK, Judge.

Garry Lee Pulliam, appellant, was convicted, in a bench trial, of two (2) counts of aggravated sexual battery, in violation of Code § 18.2-67.3. On appeal, he contends the trial court erred in amending, prior to arraignment, one indictment charging indecent liberties with a child (Code § 18.2-370.1) to aggravated sexual battery. For the reasons stated, we affirm the amended aggravated sexual battery conviction.1

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