MONTGOMERY v. COM.

Record No. 0827-09-1.

696 S.E.2d 261 (2010)

56 Va. App. 695

Jonathan Christopher MONTGOMERY, s/k/a Johnathon Christopher Montgomery v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Chesapeake.

August 10, 2010.


Attorney(s) appearing for the Case

Ben Pavek (Office of the Public Defender, on briefs), for appellant.

Susan M. Harris, Assistant Attorney General (Kenneth T. Cuccinelli, II, Attorney General, on brief), for appellee.

Present: FRANK, KELSEY and POWELL, JJ.


FRANK, Judge.

Jonathan Christopher Montgomery, s/k/a Johnathon Christopher Montgomery, appellant, was convicted, in a bench trial, of forcible sodomy in violation of Code § 18.2-67.1, aggravated sexual battery in violation of Code § 18.2-67.3, and object sexual penetration in violation of Code § 18.2-67.2. On appeal, he contends the trial court erred in not affording him allocution as required by Code § 19.2-298, thus invalidating the sentences...

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