Dayomic Jackie Smith v. Commonwealth of Virginia

ELDER, Judge.

Dayomic Jackie Smith (appellant) appeals from his jury trial convictions for two counts of attempted rape and one count each of rape and object sexual penetration. On appeal, he contends the trial court erroneously (1) overruled his objection to the Commonwealth’s repeated references to facts not in evidence and in refusing his request for a curative instruction regarding same; (2) concluded the evidence was sufficient to support his convictions; and (3) denied his motion for a new trial based on after-discovered evidence. The Commonwealth contends that appellant’s new trial…