Cline v. Commonwealth

ELIZABETH A. McCLANAHAN, Judge.

Nyal Lee Cline, III, assaulted and battered a special agent with the Virginia Department of Alcoholic Beverage Control (ABC). A jury convicted Cline of felony assault and battery of a law-enforcement officer, in violation of Code § 18.2-57(C). On appeal, Cline argues that the ABC agent was not a law-enforcement officer as defined under subsection E of the statute and, he was, therefore, guilty of only simple assault and battery, a Class 1 misdemeanor. See Code § 18.2-57(A). We agree, reverse the conviction, and remand for resentencing on the lesser-included…