Commonwealth v. Christopher Wallace Johnson

COURT OF APPEALS OF VIRGINIA Present: Judges Benton, Humphreys and Senior Judge Hodges Argued by teleconference COMMONWEALTH OF VIRGINIA MEMORANDUM OPINION* BY v. Record No. 0767-04-1 JUDGE WILLIAM H. HODGES JULY 27, 2004 CHRISTOPHER WALLACE JOHNSON FROM THE CIRCUIT COURT OF THE CITY OF NORFOLK Joseph A. Leafe, Judge Leah A. Darron, Assistant Attorney General (Jerry W. Kilgore, Attorney General, on brief), for appellant. Jeffrey A. Swartz (Rabinowitz, Swartz, Taliaferro, Swartz & Goodove, P.C., on brief), for appellee. The Commonwealth appeals a decision of the trial court, pursuant to Code §…