Bowden v. Commonwealth

PETTY, Judge.

Following a bench trial, appellant, Paul Talmadge Bowden, was convicted of aggravated sexual battery in violation of Code § 18.2-67.3. Bowden challenges this conviction, arguing that the trial court erred when it held that aggravated sexual battery is a lesser-included offense of forcible sodomy. For the reasons stated below, we agree with Bowden and reverse his conviction.

I. Background

Appellant, Paul Talmadge Bowden, was indicted for committing forcible sodomy by cunnilingus on a child less than thirteen years of age in violation of Code § 18.2-67.1. At the conclusion of the…