SMITH v. COM.

Record No. 101357.

706 S.E.2d 889 (2011)

David SMITH v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

March 4, 2011.


Attorney(s) appearing for the Case

S. Jane Chittom , Richmond, for appellant.

Robert H. Anderson III , Senior Assistant Attorney General ( Kenneth T. Cuccinelli II , Attorney General, on brief), for appellee.

Present: KINSER, C.J., LEMONS, GOODWYN, and MILLETTE, JJ., and LACY and KOONTZ, S.JJ.


OPINION BY Senior Justice ELIZABETH B. LACY.

In this case we consider whether dismissal is the proper disposition of an appeal in which a transcript necessary for resolution of the issue raised on appeal was not timely filed.

BACKGROUND

On October 4, 2007, David Smith was indicted by the Grand Jury in the Circuit Court of the City of Portsmouth for one count of abduction with intent to defile, Code §...

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