Gonzin v. Commonwealth
59 Va. App. 1
| Va. Ct. App. | 2011Background
- J.M., age 17, was forcibly subjected to sexual acts by Cousins and Gonzin at a trailer in Appomattox County on April 20, 2008.
- Cousins and Gonzin induced J.M. to enter the back room where the assault occurred; Gonzin shut off lights and joined in the assault.
- Evidence shows J.M. resisted verbally; physical injuries were minimal, with only mild redness noted by a SANE nurse.
- J.M. reported being upset, agitated, and unable to sleep immediately after the incident; she sought medical and counseling help later.
- Trial court convicted both defendants of aggravated sexual battery; convictions were appealed on sufficiency grounds.
- Appellate court held the Commonwealth failed to prove the required 'serious bodily or mental injury' element for aggravated sexual battery.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there was sufficient evidence of serious bodily or mental injury. | Gonzín | Cousins | No sufficient evidence of serious bodily or mental injury. |
| Whether the convictions should be for the lesser-included offense of sexual battery. | Commonwealth asserted aggravated sexual battery proven. | Evidence supported only sexual battery. | Convictions reversed; remand to enter judgment for sexual battery. |
Key Cases Cited
- Walker v. Commonwealth, 12 Va.App. 438, 404 S.E.2d 394 (Va. Ct. App. 1991) (defines elements of aggravated sexual battery and 'serious' injury standard)
- Johnson v. Commonwealth, 5 Va.App. 529, 365 S.E.2d 237 (Va. Ct. App. 1988) (explains statutory context for aggravated sexual battery)
- Nolen v. Commonwealth, 53 Va.App. 593, 673 S.E.2d 920 (Va. Ct. App. 2009) (defines 'serious' injury language in context of bodily/mental injury)
- Bishop v. Commonwealth, 275 Va. 9, 654 S.E.2d 906 (Va. 2008) (burden to prove all elements beyond a reasonable doubt)
- Commonwealth v. South, 272 Va. 1, 630 S.E.2d 318 (Va. 2006) (remand for conviction on lesser-included offense when appropriate)
- United States v. Powell, 469 U.S. 57, 83 L. Ed. 2d 45 (U.S. 1984) (standard for reviewing sufficiency of evidence)
- Jackson v. Virginia, 443 U.S. 307, 61 L. Ed. 2d 560 (U.S. 1979) (reliance on evidence in light favorable to the prosecution)