Davis v. Commonwealth

FITZPATRICK, Chief Judge.

Douglas Owen Daws (appellant) was convicted in a bench trial of “Escape from Confinement” in violation of Code § 18.2-479(B). On appeal, he contends that he was not in the “custody of the court,” and thus did not escape. We agree and reverse and dismiss appellant’s conviction.

I. BACKGROUND AND PROCEDURAL POSTURE

Under familiar principles of appellate review, we examine the evidence in the light most favorable to the Commonwealth, granting to it all reasonable inferences fairly deducible therefrom. See Juares v. Commonwealth, 26 Va.App. 154, 156, 493 S.E.2d 677, 678…