Coles v. Commonwealth

ANNUNZIATA, Judge.

Corey Dion Coles appeals his conviction under Code § 18.2-478 for escape by force from the custody of a police officer. He argues that the evidence failed to establish he was taken into custody “on a charge of criminal offense” as required by the statute. For the reasons that follow, we reverse.

I. Background

We review the evidence, and all reasonable inferences that may be drawn from the evidence, in a light most favorable to the Commonwealth as the party prevailing below. Garcia v. Commonwealth, 40 Va.App. 184, 189, 578 S.E.2d 97, 99 (2003). So viewed, the evidence…