Strout v. City of Virginia Beach

ANNUNZIATA, Judge.

Derek Nisbet and Kevin Strout appeal their convictions for destruction of property in violation of the City of Virginia Beach Code § 23-38. They claim that the ordinance under which they were convicted is invalid because it conflicts with Code § 18.2-137. 1 For the following reasons, we reverse their convictions.

I. Background

On appeal, we view the evidence, and all reasonable inferences that may be drawn, in a light most favorable to the City as the party prevailing below. Garcia v. Commonwealth, 40 Va.App. 184, 189, 578 S.E.2d 97, 99 (2008). So viewed, the record…