Smith v. Commonwealth

693 S.E.2d 765 (2010)

56 Va. App. 351

David SMITH

v.

COMMONWEALTH of Virginia.

Record No. 0422-09-1.

Court of Appeals of Virginia, Richmond.

June 15, 2010.

S. Jane Chittom, Appellate Defender (Office of the Appellate Defender, on briefs), for appellant.

Robert H. Anderson, III, Senior Assistant Attorney General (William C. Mims, Attorney General, on brief), for appellee.

Present: FRANK, HUMPHREYS and PETTY, JJ.

HUMPHREYS, Judge.

BACKGROUND

Following the trial court's denial of his motion to suppress,[1] David Smith ("Smith") entered into an agreement to plead guilty to abduction and forcible sodomy on…