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Unlawful Carnal Knowledge Virginia Violation Lawyers Tazewell County

Unlawful Carnal Knowledge Virginia Violation Lawyers Tazewell County

Johnson v. Commonwealth of Virginia
Facts:

When defendant pleaded guilty to unlawful carnal knowledge, he stipulated to the Commonwealth’s evidence. Specifically, defendant agreed that the evidence proved that both victims were between the ages of 13 and 15 at the time of the offenses. However, at the preliminary hearing, one victim testified that she was 15 at the time of the offense. Defendant appealed a judgment by the Circuit Court of Tazewell County (Virginia) that convicted him of unlawful carnal knowledge, in violation of Va. Code Ann. § 18.2-63; defendant claimed that because the victim was 15 at the time of the offense, the evidence failed to prove an element of the offense for which he was convicted.

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Unlawful Carnal Knowledge Virginia Violation Lawyers

Issue:
  • Whether the trial court erred in convicting defendant of two counts of unlawful carnal knowledge though the victim testified at the preliminary hearing that she was actually fifteen years of age at the time of the offense?
Discussion:

This court held that by entering a knowing, voluntary, and intelligent plea of guilty, defendant supplied all of the evidence necessary to support his convictions. Accordingly, the trial court did not err in finding him guilty of unlawful carnal knowledge, in violation of § 18.2-63. a voluntary and intelligent guilty plea, accepted by the court, bars him from attacking his conviction based on any non-jurisdictional grounds. Thus this court held that the trial court did not err in finding Armstrong guilty of unlawful carnal knowledge, in violation of Code § 18.2-63.

This court hence affirmed the trial court judgment.

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Article written by A Sris

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Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content

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