Archie Lavance Simmons v. Commonwealth of Virginia

COURT OF APPEALS OF VIRGINIA Present: Judges Frank, Beales and Powell Argued at Richmond, Virginia ARCHIE LAVANCE SIMMONS MEMORANDUM OPINION * BY v. Record No. 2434-09-2 JUDGE ROBERT P. FRANK OCTOBER 26, 2010 COMMONWEALTH OF VIRGINIA FROM THE CIRCUIT COURT OF THE CITY OF RICHMOND Richard D. Taylor, Jr., Judge Catherine S. Rusz (Johnson, Gaborik, Fisher-Rizk and Rusz, PLC, on brief), for appellant. Richard B. Smith, Special Assistant Attorney General (Kenneth T. Cuccinelli, II, Attorney General, on brief), for appellee. Archie Lavance Simmons, appellant, appeals his conviction, following a…