COLES v. COM.

Record No. 2053-03-1.

605 S.E.2d 784 (2004)

44 Va. App. 549

Corey Dion COLES v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Chesapeake.

December 14, 2004.


Attorney(s) appearing for the Case

Kathleen Ortiz (Kenneth J. Coughlan, Deputy Public Defender; Office of the Public Defender, on brief), for appellant.

Leah A. Darron, Assistant Attorney General (Jerry W. Kilgore, Attorney General, on brief), for appellee.

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


ANNUNZIATA, Judge.

Corey Dion Coles appeals his conviction under Code § 18.2-478 for escape by force from the custody of a police officer. He argues that the evidence failed to establish he was taken into custody "on a charge of criminal offense" as required by the statute. For the reasons that follow, we reverse.

I. Background

We review the evidence, and all reasonable inferences that may be drawn from the evidence, in a light most favorable...

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