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GRAFMULLER v. COM.

Record No. 1327-09-1.

698 S.E.2d 276 (2010)

57 Va. App. 58

Michael GRAFMULLER v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia.

August 31, 2010.

Attorney(s) appearing for the Case

Charles E. Haden, Hampton, for appellant.

Susan M. Harris, Assistant Attorney General (Kenneth T. Cuccinelli, II, Attorney General, on brief), for appellee.

Present: FRANK and BEALES, JJ., and BUMGARDNER, Senior Judge.

BEALES, Judge.

Michael Grafmuller (appellant) pled guilty via an Alford plea1 to violating Code § 18.2-374.3,2 use of a communication system to solicit, with lascivious intent, a person he knows or has reason to believe is under the age of fifteen. On appeal, he contends the trial court erred in sentencing him pursuant to the mandatory minimum provisions contained in Code § 18.2-374.3(C).

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