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COM. v. BROWN

Record No. 090557.

687 S.E.2d 742 (2010)

COMMONWEALTH of Virginia v. Tavares Lamont BROWN.

Supreme Court of Virginia.

January 15, 2010.

Attorney(s) appearing for the Case

Virginia B. Theisen, Senior Assistant Attorney General (William C. Mims, Attorney General, on briefs), for appellant.

(Paul F. Fantl), for appellee. Appellee submitting on brief.

Present: All the Justices.

OPINION BY Justice S. BERNARD GOODWYN.

In this appeal we consider whether the Court of Appeals may reverse a circuit court's judgment on a basis not argued on appeal by the appellant.

Background

On October 24, 2006, Officer Morris Patrick Warner (Warner) of the Richmond Police Department received a police radio dispatch regarding two individuals selling drugs near a pedestrian bridge that crosses over

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