SIMON v. COM.

Record No. 0909-10-4.

708 S.E.2d 245 (2011)

58 Va. App. 194

Richard Abner SIMON v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Alexandria.

May 3, 2011.


Attorney(s) appearing for the Case

Jason S. Rucker (Rucker & Rucker, on brief), Falls Church, for appellant.

Josephine F. Whalen , Assistant Attorney General II ( Kenneth T. Cuccinelli, II , Attorney General, on brief), for appellee.

Present: FELTON, C.J., ELDER, J. and BUMGARDNER, Senior Judge.


ELDER, Judge.

Richard Abner Simon (appellant) appeals from his jury trial conviction for indecent liberties in violation of Code § 18.2-370. On appeal, he contends the trial court erred in refusing to instruct the jury on indecent exposure, proscribed by Code § 18.2-387, as a lesser-included offense. He also contends the evidence was insufficient to establish he acted with the lascivious intent necessary to support his conviction. We hold the court did not...

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