Conviction Reversed for ‘Fatal Variance’

By Deborah Elkins
Published: December 16, 2011

Tags: Criminal, Judge D. Arthur Kelsey, Virginia Court of Appeals

A defendant who was indicted for failing to register or reregister as a sex offender, but who was convicted on a theory that he provided false information about his residence address in his reregistration forms, wins reversal by the Court of Appeals of his conviction under Va. Code § 18.2-472.1 for a fatal variance between ...

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