Isiah David Joseph v. Commonwealth of Virginia

MARLA GRAFF DECKER, Judge.

Isiah David Joseph appeals his conviction for resisting arrest, in violation of Code § 18.2-479.1. He contends that the evidence was insufficient to support his conviction because the Commonwealth failed to prove that he fled from a law enforcement officer and, consequently, he could not be guilty of resisting arrest. The Commonwealth concedes that the trial court erred in this finding and, therefore, agrees that the conviction must be reversed. Upon our independent review, we hold, as a matter of law, that the evidence was insufficient to prove that the appellant…