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TJAN v. COM.

Record No. 3221-03-1.

621 S.E.2d 669 (2005)

46 Va. App. 698

Andy Joe TJAN v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Chesapeake.

November 8, 2005.

Attorney(s) appearing for the Case

(James O. Broccoletti, Norfolk; Zoby & Broccoletti, P.C., on brief), for appellant.1

William E. Thro, State Solicitor General (Judith Williams Jagdmann, Attorney General; Matthew M. Cobb, Associate State Solicitor General, on brief), for appellee.

Present: HUMPHREYS and KELSEY, JJ., and OVERTON, S.J.

HUMPHREYS, Judge.

Appellant Andy Joe Tjan ("Tjan") appeals his conviction, following a conditional guilty plea, for solicitation to commit oral sodomy, in violation of Code §§ 18.2-29 and 18.2-361. Based on the holding of the United States Supreme Court in Lawrence v. Texas, 539 U.S. 558, 123 S.Ct. 2472, 156 L.Ed.2d 508 (2003), Tjan contends that Code § 18.2-361 is facially invalid because it violates his Fourteenth...

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