MOSS v. COM.

Record No. 1235-98-3.

516 S.E.2d 246 (1999)

30 Va. App. 219

Tracy Lewayne MOSS v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Salem.

July 6, 1999.


Attorney(s) appearing for the Case

Amanda E. Shaw, Assistant Public Defender (Office of the Public Defender, on brief), for appellant.

Marla Graff Decker, Assistant Attorney General (Mark L. Earley, Attorney General, on brief), for appellee.

Present: FITZPATRICK, C.J., and COLEMAN and LEMONS, JJ.


LEMONS, Judge.

Tracy Lewayne Moss appeals from his convictions for possession of cocaine and escape from custody. On appeal, he argues (1) that his motion to suppress evidence seized in a strip search should have been granted, and (2) that because he was not lawfully in custody he could not be guilty of escape. We hold that his motion to suppress should have been granted but also hold that he was in custody for purposes of his conviction for escape. Accordingly, we...

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