BOWEN v. COM.

Record No. 1692-97-4.

499 S.E.2d 20 (1998)

27 Va. App. 377

Clarence Linwood BOWEN v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Alexandria.

May 19, 1998.


Attorney(s) appearing for the Case

Richard E. Gardiner, Fairfax, for appellant.

Kathleen B. Martin, Assistant Attorney General (Mark L. Earley, Attorney General, on brief), for appellee.

Present: FITZPATRICK, C.J., and WILLIS and ELDER, JJ.


WILLIS, Judge.

Clarence Linwood Bowen contends that the evidence is insufficient to support his conviction of a second offense of stalking. He argues that Code § 18.2-60.3 requires proof that he had actual knowledge that his conduct would place the victim in reasonable fear of death, criminal sexual assault, or bodily injury. Because the trial court misinterpreted the statute, we reverse and remand the case. We do not reach the sufficiency of the evidence.

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