Rayshod Martin v. Commonwealth

COURT OF APPEALS OF VIRGINIA
Present: 	Judges Benton, Humphreys and Petty
Argued at Chesapeake, Virginia
RAYSHOD MARTIN
MEMORANDUM OPINION* BY
v. 	Record No. 0413-05-1 	JUDGE WILLIAM G. PETTY
AUGUST 1, 2006
COMMONWEALTH OF VIRGINIA
FROM THE CIRCUIT COURT OF THE CITY OF HAMPTON
Christopher W. Hutton, Judge
Charles E. Haden for appellant.
Kathleen B. Martin, Senior Assistant Attorney General (Robert F.
McDonnell, Attorney General, on brief), for appellee.
A jury convicted Rayshod Martin (“Martin”) of attempted rape. On appeal, Martin
contends the trial court erred in permitting the victim to testify during the Commonwealth’s
case-in-chief of the sentencing phase of his trial. He asserts Code § 19.2-295.1 only permitted
the Commonwealth to introduce prior convictions during its case-in-chief and the trial court
should have permitted the victim impact testimony, if at all, during the rebuttal phase.
For the reasons set forth in Washington v. Commonwealth, ____ Va. App. ____, _____
S.E.2d ____ (2006) (Record No. 0500-05-1), this day decided, the judgment of the trial court is
affirmed.
Affirmed.
* Pursuant to Code § 17.1-413, this opinion is not designated for publication.