Court of Appeals of Virginia September 24, 2002, 2053011 (James W. Waters, Jr v. Commonwealth)

COURT OF APPEALS OF VIRGINIA

Present: Judges Bumgardner, Clements and Senior Judge Bray*

Argued at Chesapeake, Virginia

JAMES W. WATERS, JR.

OPINION BY

v. Record No. 2053-01-1 JUDGE JEAN HARRISON CLEMENTS

SEPTEMBER 24, 2002

COMMONWEALTH OF VIRGINIA

FROM THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH

Thomas S. Shadrick, Judge

David P. Bogardus (L. Dickerson Bragg;

Duncan R. St.