Robinson v. Commonwealth

Full title: JOHN MELNOT ROBINSON v. COMMONWEALTH OF VIRGINIA

Court: Court of Appeals of Virginia. Norfolk

Date published: Dec 7, 1993

Record No. 0697-92-1 (Va. Ct. App. Dec. 7, 1993)

Opinion

Record No. 0697-92-1

December 7, 1993

FROM THE CIRCUIT COURT OF YORK COUNTY FRED W. BATEMAN, JUDGE DESIGNATE.

Bradley E. Berrane, for appellant.

Margaret Ann B. Walker, Assistant Attorney General (Stephen D. Rosenthal, Attorney General, on brief), for appellee.

Present: Judges Baker, Coleman and Bray.

Argued at Norfolk, Virginia.

MEMORANDUM OPINION^_

_ Pursuant to Code § 17-116.010 this opinion is not designated for publication.

JUDGE RICHARD S. BRAY.

John Melnot Robinson (defendant) was convicted of forcible sodomy and aggravated sexual battery. Defendant complains on appeal that the evidence established neither the "penetration" essential to the sodomy conviction nor the "dangerous weapon" element of aggravated sexual battery. These arguments, however, were not presented to the trial court and "will not be considered for the first time on appeal." Connelly v. Commonwealth, 14 Va. App. 888, 891, 420 S.E.2d 244, 246 (1992) (citing Rule 5A:18).

Accordingly, we affirm the convictions.

Affirmed.