Tucker v. Com.

KEENAN, Justice.

In this appeal, we consider whether the Court of Appeals erred in holding that Rule 5A:18 precludes a criminal defendant from raising for the first time on appeal the issue whether the crime of unauthorized use of a motor vehicle includes a requirement that a defendant obtain possession of the vehicle by means of a trespassory taking.

Travis S. Tucker was indicted by a grand jury in the City of Portsmouth for unauthorized use of a motor vehicle, in violation of Code § 18.2-102. After a bench trial, the circuit court convicted Tucker of the offense and sentenced him to two…