Carl Anthony Fitzgerald v. Commonwealth of Virginia

COURT OF APPEALS OF VIRGINIA Present: Judges Elder, Alston and Senior Judge Clements Argued at Richmond, Virginia CARL ANTHONY FITZGERALD MEMORANDUM OPINION * BY v. Record No. 2030-08-3 JUDGE LARRY G. ELDER NOVEMBER 3, 2009 COMMONWEALTH OF VIRGINIA FROM THE CIRCUIT COURT OF THE CITY OF MARTINSVILLE G. Carter Greer, Judge S. Jane Chittom, Appellate Defender (Patricia P. Nagel, Assistant Appellate Defender II; Office of the Appellate Defender, on briefs), for appellant. John W. Blanton, Assistant Attorney General (William C. Mims, Attorney General, on brief), for appellee. Carl Anthony…