DAVIS v. COM.

Record No. 0674-04-3.

608 S.E.2d 482 (2005)

45 Va. App. 12

Douglas Owen DAVIS v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia.

February 1, 2005.


Attorney(s) appearing for the Case

Jonathon M. Venzie, Independence, for appellant.

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

Present: FITZPATRICK, C.J. and BUMGARDNER and FRANK, JJ.


FITZPATRICK, Chief Judge.

Douglas Owen Davis (appellant) was convicted in a bench trial of "Escape from Confinement" in violation of Code § 18.2-479(B). On appeal, he contends that he was not in the "custody of the court," and thus did not escape. We agree and reverse and dismiss appellant's conviction.

I. BACKGROUND AND PROCEDURAL POSTURE

Under familiar principles of appellate review, we examine the evidence in the light most favorable to the...

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