Court of Appeals of Virginia November 6, 2012, 2159111 (David Smith v. Commonwealth of Virginia)

COURT OF APPEALS OF VIRGINIA

PUBLISHED

Present: Judges Kelsey, McCullough and Senior Judge Clements

Argued at Chesapeake, Virginia

DAVID SMITH

OPINION BY

v. Record No. 2159-11-1 JUDGE D. ARTHUR KELSEY

NOVEMBER 6, 2012

COMMONWEALTH OF VIRGINIA

FROM THE CIRCUIT COURT OF THE CITY OF PORTSMOUTH

Johnny E. Morrison, Judge 1

S. Jane Chittom (Office of the Capital Defender, on brief),

for appellant.