Moore v. Commonwealth

Melvin Alexander Moore was indicted in October 1993 in the Circuit Court of Appomattox County for rape of a child under the age of 13 years, Code § 18.2-61(A)(iii), allegedly committed in September 1984. Following a unitary trial, a jury found the defendant guilty as charged and recommended a 15-year sentence.

After a hearing and consideration of a pre-sentence report, the trial court confirmed the 15-year sentence. However, the court suspended 14 years of the sentence, ordered defendant to serve 12 months in jail, and placed him on five years’ probation upon release from jail. Defendant was…