Commonwealth v. Lymore

By Judge Lydia Calvert Taylor

Defendant was tried on a charge of aggravated sexual battery, pursuant to Virginia Code § 18.2-67.3, on August 22, 1997. This court, sitting without a jury, found the defendant guilty and set sentencing for December 12, 1997. During trial, the prosecution attempted to offer into evidence an exhibit the prosecutor said showed a prior criminal conviction for the defendant. This court refused to hear the proffer as to the record’s contents and, after reading the case law and hearing arguments offered in support of and opposition to the admissibility of this type of…