Battle v. Commonwealth

D. ARTHUR KELSEY, Judge.

Convicted of disorderly conduct in violation of Code § 18.2-415, Rasheik K. Battle argues on appeal that, even after giving the Commonwealth the benefit of all reasonable inferences, the factual record does not support the conviction because the statute specifically excludes “conduct otherwise made punishable” by other Title 18.2 criminal statutes. We agree and reverse the conviction.

I

A Richmond police officer, Carlos Martin, worked an off-duty assignment at a nightclub one night in January 2006. While outside the club, Martin saw two club security guards escort Battle…