Thomas v. Commonwealth

ROBERT J. HUMPHREYS, Judge.

Jamar Eric Thomas (“Thomas”) appeals his conviction for escape from custody on a charge or conviction of a felony, in violation of Code § 18.2-479(B). On appeal, Thomas contends that the evidence was insufficient to sustain his conviction. Specifically, Thomas argues that, at the time of his escape from police custody, he had not yet been charged with or convicted of a felony, as Code § 18.2-479(B) requires. For the following reasons, we agree with Thomas and reverse.

BACKGROUND

“When analyzing a challenge to the sufficiency of the evidence, this Court reviews the…