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1159212
Va. Ct. App.
Jul 5, 2022
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Background

  • 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)
Read the full case

Case Details

Case Name: Antoine Leon Minor v. Commonwealth of Virginia
Court Name: Court of Appeals of Virginia
Date Published: Jul 5, 2022
Citation: 1159212
Docket Number: 1159212
Court Abbreviation: Va. Ct. App.
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    Antoine Leon Minor v. Commonwealth of Virginia, 1159212