THOMAS v. COM.

Record No. 1467-05-4.

633 S.E.2d 229 (2006)

48 Va. App. 605

Robert Daniel THOMAS v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Alexandria.

August 15, 2006.


Attorney(s) appearing for the Case

Jeffrey Sean Adams, Senior Assistant Public Defender, for appellant.

Susan M. Harris, Assistant Attorney General (Robert F. McDonnell, Attorney General, on brief), for appellee.

Present: KELSEY and McCLANAHAN, JJ., and BUMGARDNER, S.J.


KELSEY, Judge.

Robert Daniel Thomas failed to appear in general district court for a preliminary hearing on a felony arrest warrant. The Commonwealth charged Thomas with "willfully" failing to appear in violation of Code § 19.2-128(B). At his failure-to-appear jury trial, Thomas unsuccessfully moved to strike the evidence on the ground that the evidence failed to show that the general district court informed him of the preliminary hearing date. The unique circumstances...

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