Schneider v. Commonwealth

HALEY, Judge.

The sole issue here for determination is whether the trial court erred in finding a witness was “unavailable” and in consequently admitting into evidence a transcript of her pre liminary hearing testimony at trial. Finding no error, we affirm appellant’s conviction of a violation of Code § 18.2-61.

I

Appellant was charged with raping his stepdaughter, C.S., in violation of Code § 18.2-61. At the October 3, 2002 preliminary hearing in the juvenile and domestic relations district court, the Commonwealth called only C.S. to testify. She stated that on April 25, 2002, while her mother…