BATTLE v. COM.

Record No. 1424-06-2.

647 S.E.2d 499 (2007)

50 Va. App. 135

Rasheik K. BATTLE v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Richmond.

July 24, 2007.


Attorney(s) appearing for the Case

Steven D. Benjamin (Betty Layne DesPortes; Benjamin & DesPortes, P.C., on briefs), Richmond, for appellant.

Karen Misbach, Assistant Attorney General II (Robert F. McDonnell, Attorney General, on brief), for appellee.

Present: ELDER, KELSEY and McCLANAHAN, JJ.


D. ARTHUR KELSEY, Judge.

Convicted of disorderly conduct in violation of Code § 18.2-415, Rasheik K. Battle argues on appeal that, even after giving the Commonwealth the benefit of all reasonable inferences, the factual record does not support the conviction because the statute specifically excludes "conduct otherwise made punishable" by other Title 18.2 criminal statutes. We agree and reverse the conviction.

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