Curtis Trumaine Calloway v. Commonwealth of Virginia

PETTY, Judge.

Curtis T. Calloway was convicted of abduction, assault and battery, and felonious violation of a protective order. This appeal concerns only the violation of the protective order. On appeal, Calloway argues that the trial court erred by convicting him of a felony, rather than a misdemeanor, because the evidence was insufficient to show he “furtively entered” the victim’s home. For the following reasons, we disagree and affirm Calloway’s conviction.

I

A. Preliminary Matter: Rule 5A:12

The Commonwealth raises a threshold issue that we must address before reaching the merits of this…