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COURT OF APPEALS OF VIRGINIA

Present: Judges Elder, Frank and Felton Argued at Richmond, Virginia

DAYOMIC JACKIE SMITH v. Record No. 1279-02-2 OPINION BY JUDGE ROBERT P. FRANK MAY 20, 2003

COMMONWEALTH OF VIRGINIA

FROM THE CIRCUIT COURT OF CHESTERFIELD COUNTY William R. Shelton, Judge Todd M. Ritter (Daniels & Morgan, on brief), for appellant. Robert H. Anderson, III, Senior Assistant Attorney General (Jerry W. Kilgore, Attorney General, on brief), for appellee. Dayomic Jackie Smith (appellant) was convicted in a jury trial of rape, in violation of Code

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