Castell v. Commonwealth

BENTON, Judge, with whom KOONTZ, Judge,

joins, dissenting.

For the reasons stated in the panel’s majority opinion, see Castell v. Commonwealth, 19 Va.App. 615, 454 S.E.2d 16 (1995), I would hold that Castell was never in the officer’s custody and, thus, could not have violated Code § 18.2-479.

The federal cases upon which the majority relies have no bearing upon the interpretation to be given the Virginia statute. Those federal cases are based upon an application of their facts to a federal statute that is significantly dissimilar to Code § 18.2^179. The federal statute states as follows:

Whoever…