TUCKER v. COM.

Record No. 040173.

604 S.E.2d 66 (2004)

268 Va. 490

Travis S. TUCKER v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

November 5, 2004.


Attorney(s) appearing for the Case

Joseph R. Winston, Special Appellate Counsel (Public Defender Com'n, on briefs), for appellant.

Stephen R. McCullough, Asst. Atty. Gen. (Jerry W. Kilgore, Atty. Gen., on brief), for appellee.

Present: HASSELL, C.J., LACY, KEENAN, KOONTZ, LEMONS, and AGEE, JJ., and COMPTON, Senior Justice.


KEENAN, Justice.

In this appeal, we consider whether the Court of Appeals erred in holding that Rule 5A:18 precludes a criminal defendant from raising for the first time on appeal the issue whether the crime of unauthorized use of a motor vehicle includes a requirement that a defendant obtain possession of the vehicle by means of a trespassory taking.

Travis S. Tucker was indicted by a grand jury in the City of Portsmouth for unauthorized use of a motor vehicle...

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