Opinion
Record No. 0413-05-1.
August 1, 2006.
Appeal 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.
Present: Judges Benton, Humphreys and Petty.
MEMORANDUM OPINION
Pursuant to Code § 17.1-413, this opinion is not designated for publication.
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.