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ROBINSON v. COMMONWEALTH, 0697-92-1, Unpublished (Va.App. 12-7-1993)
Court of Appeals of Virginia. Norfolk.
Dec 7, 1993
Pursuant to Code ยง 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.
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