Court of Appeals of Virginia September 12, 1995, 1866934 (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.