SMITH v. COM.

Record No. 2159-11-1.

733 S.E.2d 683 (2012)

61 Va. App. 112

David SMITH v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Chesapeake.

November 6, 2012.


Attorney(s) appearing for the Case

S. Jane Chittom (Office of the Capital Defender, on brief), Richmond, for appellant.

Steven A. Witmer , Senior Assistant Attorney General ( Kenneth T. Cuccinelli, II , Attorney General, on brief), for appellee.

Present: CLEMENTS, Senior Judge, KELSEY and McCULLOUGH, JJ.


KELSEY, Judge.

David Smith pled guilty to forcible sodomy and abduction with the intent to defile. He conditioned his plea upon preserving a right to appeal from the trial court's denial of his pretrial motion, which sought to suppress the victim's identification of him in a photographic array. Because the trial court did not err by denying Smith's motion, we affirm his convictions.

I.

When reviewing a denial of a suppression motion, we review the...

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