Castell v. Commonwealth

Opinion

BARROW, J.

This criminal appeal is from a conviction of escape from the custody of a law enforcement officer without the use of force or violence in violation of Code § 18.2-479. We hold that the defendant was not in custody, and therefore, could not be convicted of escape. Accordingly, we reverse the judgment of conviction.

Two uniformed police officers went to the defendant’s home to arrest him on a warrant for grand larceny. The defendant’s mother answered the door and went to get the defendant. He appeared in approximately one minute and stood about three feet from the officers. One…