Court of Appeals of Virginia September 22, 2009, 2864082 (Emmett Thomas Newcomb v. Commonwealth of Virginia)

COURT OF APPEALS OF VIRGINIA

Present: Judges Elder, Humphreys and Alston

Argued at Richmond, Virginia

EMMETT THOMAS NEWCOMB

MEMORANDUM OPINION * BY

v. Record No. 2864-08-2 JUDGE LARRY G. ELDER

SEPTEMBER 22, 2009

COMMONWEALTH OF VIRGINIA

FROM THE CIRCUIT COURT OF THE CITY OF COLONIAL HEIGHTS

Herbert C. Gill, Jr., Judge

Sharon A. Fitzgerald (Sharon Fitzgerald LLC, on brief), for

appellant.