Commonwealth of Virginia v. Kyheim Delango Tucker

COURT OF APPEALS OF VIRGINIA Present: Chief Judge Felton, Judges Elder and Petty Argued by teleconference COMMONWEALTH OF VIRGINIA MEMORANDUM OPINION * BY v. Record No. 1451-09-1 CHIEF JUDGE WALTER S. FELTON, JR. NOVEMBER 3, 2009 KYHEIM DELANGO TUCKER FROM THE CIRCUIT COURT OF THE CITY OF HAMPTON Christopher W. Hutton, Judge Rosemary V. Bourne, Assistant Attorney General (William C. Mims, Attorney General, on brief), for appellant. Ronald L. Smith (Smith Law Firm, on brief), for appellee. Pursuant to Code § 19.2-398, the Commonwealth appeals the pre-trial judgment of the trial court…