Smith v. Commonwealth

OPINION

ALSTON, Judge.

Donta Termaine Smith (appellant) appeals his convictions of abduction with intent to defile, in violation of Code § 18.2-48, and attempted rape, in violation of Code §§ 18.2-26 and 18.2-61. Appellant contends the evidence is insufficient to prove he committed the offenses. Appellant further contends the trial court erred when it denied appellant’s motion to strike the charge of abduction with intent to defile, arguing the evidence showed the restraint applied to the victim was merely incidental to the attempted rape. For the reasons that follow, we hold the trial court…