Marshall v. Commonwealth

BAKER, Judge.

James Matthew Marshall (appellant) appeals from his bench trial conviction by the Circuit Court of Newport News (trial court) for attempted object sexual penetration in violation of Code §§ 18.2-26 and 18.2-67.2 and first degree (felony) murder in violation of Code § 18.2-32 in the death of his infant son, Tyler Marshall. On appeal, he challenges the sufficiency of the evidence to support both convictions. For the reasons that follow, we find the evidence sufficient to support the object sexual penetration conviction and hold that Rule 5A:18 bars our review of the felony murder…