SMITH v. COM.

Record No. 0808-09-2.

697 S.E.2d 14 (2010)

56 Va. App. 711

Donta Termaine SMITH, s/k/a Donta Termine Smith v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Richmond.

August 17, 2010.


Attorney(s) appearing for the Case

Diane M. Abato (Abato & Davis, on brief), Richmond, for appellant.

Robert H. Anderson, III, Senior Assistant Attorney General (Kenneth T. Cuccinelli, II, Attorney General, on brief), for appellee.

Present: PETTY and ALSTON, JJ., and WILLIS, Senior Judge.


OPINION

ALSTON, JR., Judge.

Donta Termaine Smith (appellant) appeals his convictions of abduction with intent to defile, in violation of Code § 18.2-48, and attempted rape, in violation of Code §§ 18.2-26 and 18.2-61. Appellant contends the evidence is insufficient to prove he committed the offenses. Appellant further contends the trial court erred when it denied appellant's motion to strike the charge of abduction with intent to defile, arguing...

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