Custalow v. Commonwealth

HUMPHREYS, Judge.

Charles Bernard Custalow appeals his conviction for trespassing in violation of Code § 18.2-119. Appellant contends that the Mattaponi Indian Tribe improperly barred him from its reservation. Thus, the Commonwealth failed to prove appellant was forbidden to “go[ ] upon or remain upon” the reservation by the “person lawfully in charge thereof.” See Code § 18.2-119. For the reasons that follow, we affirm his conviction.

I. Background

On appeal, we review the evidence and all reasonable inferences in the light most favorable to the Commonwealth as the party prevailing below.…