Com. v. Brown

687 S.E.2d 742 (2010)

COMMONWEALTH of Virginia

v.

Tavares Lamont BROWN.

Record No. 090557.

Supreme Court of Virginia.

January 15, 2010.

Virginia B. Theisen, Senior Assistant Attorney General (William C. Mims, Attorney General, on briefs), for appellant.

(Paul F. Fantl), for appellee. Appellee submitting on brief.

Present: All the Justices.

OPINION BY Justice S. BERNARD GOODWYN.

In this appeal we consider whether the Court of Appeals may reverse a circuit court's judgment on a basis not argued on appeal by the appellant.

Background

On October 24, 2006, Officer Morris Patrick Warner (Warner) of the Richmond…