David Smith v. Commonwealth of Virginia
Court of Appeals of Virginia
1Opinion of the Court
KELSEY, Judge.
David Smith pled guilty to forcible sodomy and abduction with the intent to defile. He conditioned his plea upon preserving a right to appeal from the trial court’s denial of his pretrial motion, which sought to suppress the victim’s identification of him in a photographic array. Because the trial court did not err by denying Smith’s motion, we affirm his convictions.
I
When reviewing a denial of a suppression motion, we review the evidence “in the light most favorable to the Commonwealth, giving it the benefit of any reasonable inferences.” Glenn v. Commonwealth, 49 Va.App. 413,…
2Cases cited32 opinions
- Simmons v. United StatesSupreme Court of the United States · 1968
- Neil v. BiggersSupreme Court of the United States · 1972
- Coleman v. AlabamaSupreme Court of the United States · 1970
- Foster v. CaliforniaSupreme Court of the United States · 1969
- Perry v. New HampshireSupreme Court of the United States · 2012
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