1159212
Va. Ct. App.Jul 5, 2022Background
- In December 2019 Minor (32) sent Facebook messages to a 14‑year‑old victim, lured her upstairs, grabbed and dragged her into a bedroom, held her hands and legs, removed clothing, and penetrated her vagina; the victim cried and told him to stop.
- The victim initially told others the contact was rubbing over clothing, so no physical evidence was collected; a later forensic exam (Jan 6, 2020) revealed a complete transection of the hymen consistent with penetration.
- Minor entered a written plea agreement in July 2021 pleading no contest to aggravated sexual battery, abduction, and indecent liberties; the parties stipulated the Commonwealth’s summary of evidence was sufficient.
- The plea agreement and colloquy reflected Minor waived jury trial, confrontation, and most appellate rights; the agreed active sentence was five years.
- On appeal Minor challenged the sufficiency of the evidence (arguing inconsistent victim statements and lack of DNA/corroboration). The Court held the challenge was waived by the no‑contest plea, affirmed the convictions, and allowed appellate counsel to withdraw under Anders.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence to support convictions | Commonwealth: plea/admissions and stipulated factual summary establish guilt; no further sufficiency review after plea | Minor: victim gave divergent accounts; no DNA or corroborating witness, so evidence insufficient | Waived by no‑contest plea; plea admitted the factual basis and sufficiency; conviction affirmed |
| Appellate counsel's Anders motion to withdraw | Commonwealth: appeal is without merit and counsel may withdraw | Minor: did not file pro se supplemental brief after receiving Anders brief | Court grants motion to withdraw under Anders, holds appeal wholly without merit, and affirms |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967) (procedure for counsel to seek withdrawal when appeal is frivolous)
- Meekins v. Commonwealth, 72 Va. App. 61 (2020) (no‑contest plea waives all nonjurisdictional defenses)
- Savino v. Commonwealth, 239 Va. 534 (Va. 1990) (effect of nolo contendere plea)
- Commonwealth v. Jackson, 255 Va. 552 (Va. 1998) (plea admissions and court’s consideration of guilt)
- Smith v. Commonwealth, 59 Va. App. 710 (Va. Ct. App. 2012) (nolo contendere admits facts for purposes of the case)
- Delp v. Commonwealth, 72 Va. App. 227 (2020) (standard for viewing record in favor of Commonwealth)
- Perry v. Commonwealth, 33 Va. App. 410 (2000) (guilty/Alford plea waives right to appeal sufficiency of evidence)
