Legal Opinion
De'Armond v. Commonwealth
Court of Appeals of Virginia
Decided December 27, 2007No. 1987063PublishedCited by 16 opinions
1Opinion of the Court
KELSEY, Judge.
A jury convicted Arnold Lynn De’Armond of committing three acts of aggravated sexual battery against his granddaughter, a child under the age of thirteen. See Code § 18.2-67.3(A)(1). On appeal, he claims the trial court should have merged the three charges into one. Not doing so, De’Armond argues, violated Code § 19.2-294 and the Double Jeopardy Clause of the Fifth Amendment. We disagree and affirm.
I
On appeal, “we review the evidence in the ‘light most favorable’ to the Commonwealth.” Pryor v. Commonwealth, 48 Va.App. 1, 4, 628 S.E.2d 47, 48 (2006) (quoting Commonwealth v.…
2Cases cited28 opinions
- Blockburger v. United StatesSupreme Court of the United States · 1931
- Brown v. OhioSupreme Court of the United States · 1977
- Smith v. United StatesSupreme Court of the United States · 1993
- Muscarello v. United StatesSupreme Court of the United States · 1998
- United States v. ShabaniSupreme Court of the United States · 1994
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3Cited by16 opinions
- Orlando Rondell Williams v. Commonwealth of VirginiaCourt of Appeals of Virginia · 2012
- State v. CarroltonSupreme Court of Vermont · 2011
- Andre Cortez Gaddie v. Commonwealth of VirginiaCourt of Appeals of Virginia · 2010
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- Claudia Kathleen Pitts v. Commonwealth of VirginiaCourt of Appeals of Virginia · 2016
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