Record No. 0697-92-1Court of Appeals of Virginia. Norfolk.
December 7, 1993
FROM THE CIRCUIT COURT OF YORK COUNTY FRED W. BATEMAN, JUDGE DESIGNATE.
Bradley E. Berrane, for appellant.
Margaret Ann B. Walker, Assistant Attorney General (Stephen D. Rosenthal, Attorney General, on brief), for appellee.
Present: Judges Baker, Coleman and Bray.
Argued at Norfolk, Virginia.
MEMORANDUM OPINION[*]
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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