Emmett Thomas Newcomb v. Commonwealth of Virginia

COURT OF APPEALS OF VIRGINIA Present: Judges Elder, Humphreys and Alston Argued at Richmond, Virginia EMMETT THOMAS NEWCOMB MEMORANDUM OPINION * BY v. Record No. 2864-08-2 JUDGE LARRY G. ELDER SEPTEMBER 22, 2009 COMMONWEALTH OF VIRGINIA FROM THE CIRCUIT COURT OF THE CITY OF COLONIAL HEIGHTS Herbert C. Gill, Jr., Judge Sharon A. Fitzgerald (Sharon Fitzgerald LLC, on brief), for appellant. Benjamin H. Katz, Assistant Attorney General (William C. Mims, Attorney General, on brief), for appellee. Emmett Thomas Newcomb (appellant) appeals from his bench trial conviction for driving while…