Simmons v. Commonwealth

Opinion

BRAY, J.

Gregory Eugene Simmons (defendant) was convicted of escape from a correctional facility in violation of Code § 53.1-203(1) and sentenced to imprisonment for one year. He contends on appeal that the Commonwealth failed to prove all requisite elements of the offense. We agree and reverse the conviction.

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. Martin v. Commonwealth, 4 Va. App. 438, 443, 358 S.E.2d 415, 418 (1987). The judgment of a…