Court of Appeals of Virginia December 15, 1998, 2876973 (Sims v. Commonwealth)

COURT OF APPEALS OF VIRGINIA

Present: Chief Judge Fitzpatrick, Judges Coleman and Elder

Argued at Salem, Virginia

ROGER SYLVESTER SIMS

OPINION BY

v. Record No. 2876-97-3 JUDGE LARRY G. ELDER

DECEMBER 15, 1998

COMMONWEALTH OF VIRGINIA

FROM THE CIRCUIT COURT OF THE CITY OF LYNCHBURG

Richard S. Miller, Judge

Elizabeth P. Murtagh, Assistant Public

Defender, for appellant.

Daniel J.