JOHNSON v. COM.

Record No. 3071-03-2.

609 S.E.2d 58 (2005)

45 Va. App. 113

Otis Purcell JOHNSON, Jr. v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Richmond.

February 15, 2005.


Attorney(s) appearing for the Case

(Michael E. Hollomon, on brief), for appellant. Appellant submitting on brief.

(Jerry W. Kilgore, Attorney General; Alice T. Armstrong, Assistant Attorney General, on brief), for appellee. Appellee submitting on brief.

Present: HUMPHREYS, FELTON and KELSEY, JJ.


D. ARTHUR KELSEY, Judge.

This case presents the question whether an appellant's failure to appeal one of two alternative grounds for a trial court's decision waives any further appellate review of that decision. We hold that it does, subject to the caveat that the alternative holding must be legally capable — standing alone — of supporting the trial court's decision.

I.

The trial court found Otis Purcell Johnson, Jr., guilty of possession...

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