Castelow v. Commonwealth

BENTON, Judge.

Wayne Collins Castelow appeals from a conviction for aggravated sexual battery against a thirteen-year-old child. See • Code § 18.2-67.3. He contends the trial judge erred (1) in admitting testimony that the child made a complaint sixteen months after the alleged offense, (2) in quashing his subpoena for the child’s diary, and (3) in finding the evidence sufficient to prove the offense. For the reasons that follow, we reverse the conviction and remand for a new trial.

I

On October 27, 1995, the thirteen-year-old child lived with her father and was scheduled to visit her mother,…