Commonwealth v. Sean Green

COURT OF APPEALS OF VIRGINIA Present: Judges Kelsey, McClanahan and Senior Judge Willis Argued by teleconference COMMONWEALTH OF VIRGINIA MEMORANDUM OPINION∗ BY v. Record No. 0228-06-1 JUDGE ELIZABETH A. McCLANAHAN AUGUST 1, 2006 SEAN GREEN FROM THE CIRCUIT COURT OF THE CITY OF HAMPTON Louis R. Lerner, Judge Michael T. Judge, Senior Assistant Attorney General (Robert F. McDonnell, Attorney General, on briefs), for appellant. Timothy G. Clancy (Moschel & Clancy, P.L.L.C., on brief), for appellee. Relying on Code § 19.2-398(A)(1)(ii), the Commonwealth appeals the trial court’s order dismissing…