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DAVIS v. COM.

Record No. 2848-03-1.

605 S.E.2d 790 (2004)

44 Va. App. 562

Lenard DAVIS v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Chesapeake.

December 14, 2004.

Attorney(s) appearing for the Case

Joseph R. Winston, Special Appellate Counsel (Felipita Athanas, Appellate Counsel; Public Defender Commission, on briefs), for appellant.

Susan L. Parrish, Assistant Attorney General (Jerry W. Kilgore, Attorney General, on brief), for appellee.

Present: Chief Judge FITZPATRICK, Judges ELDER and ANNUNZIATA.

ANNUNZIATA, Judge.

Lenard Davis appeals his conviction for assault and battery on a police officer, a violation of Code § 18.2-57(C). Davis contends that the Commonwealth failed to prove that the police officer he assaulted was engaged in the performance of his public duties. He also contends the evidence was insufficient to prove he knew the officer was engaged in the performance of his public duties. For the following reasons, we affirm.

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