Miles v. Com.

While I agree with the majority that the Court arrived at the proper result in its decision in Miles v. Commonwealth, 272 Va. 302 , 634 S.E.2d 330 (2006), I write separately because, in my view, the rationale underlying that opinion is overbroad and unnecessary to dispose of the issues presented in this case.

*925 The Commonwealth's own witness, Dr. Christine A. Nogues, testified that Ellis Lorenzo Miles' score on the Rapid Risk Assessment for Sex Offender Recidivism (RRASOR) was inaccurately calculated as four instead of three. At oral argument before this Court, the Commonwealth conceded that,…