Manns v. Commonwealth

In Manns v. Commonwealth, 13 Va. App. 677, 414 S.E.2d 613 (1992), the defendant was convicted in a bench trial of maliciously throwing a missile at a moving vehicle. At the sentencing hearing, defense counsel expressly requested that the court find the defendant guilty of the lesser-included offense of interfering with the property rights of another. On appeal, the defendant argued that the evidence was insufficient to support the lesser-included offense. The Court affirmed the conviction, finding that the defendant, having specifically requested that the trial court find him guilty of the lesser offense, could not on appeal assume an inconsistent position. See 13 Va. App. at 679-680, 414 S.E.2d at 615.