Traveyan Lee Chambliss v. Commonwealth of Virginia
62 Va. App. 459
Va. Ct. App.2013Background
- Appellant chambliss was convicted by bench trial of conspiracy to elude police under Code sections 46.2-817(B) and 18.2-22(a)(2).
- The underlying events began with an August 11, 2011 arrest in Spotsylvania County, where Chambliss fled custody and entered a vehicle after urging Henderson to drive.
- Buta testified Chambliss directed Henderson to shift into gear and drive, leading to a pursuit that started in Spotsylvania and extended into Caroline County.
- During the chase, Henderson drove at high speeds with Chambliss in the passenger seat; spike strips were placed in Caroline County and the pursuit continued.
- Chambliss and Henderson were later apprehended in Bowling Green, Caroline County, after attempting to flee; Henderson pled guilty to felony eluding.
- Chambliss stipulated at trial that a conspiracy to elude police occurred in Spotsylvania, but challenged whether the conspiracy also occurred in Caroline County; the trial court found conspiracy in Caroline and convicted Chambliss.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there was sufficient evidence of a continuing conspiracy in Caroline County | Chambliss contends the Spotsylvania conspiracy ended there and no new conspiracy occurred in Caroline. | Commonwealth argues a single continuing conspiracy spanned Spotsylvania and Caroline, proven by totality of circumstances. | Yes; the evidence supports a continuing conspiracy across both counties. |
| Whether venue in Caroline County was proper for the conspiracy | Venue is improper if no acts in Caroline constituted conspiracy. | Venue proper per Code 18.2-22(c) as acts toward consummation occurred in Caroline and Spotsylvania. | Venue proper; conspiracy continued into Caroline and was cognizable there. |
Key Cases Cited
- Williams v. Commonwealth, 49 Va. App. 439, 642 S.E.2d 295 (2007) (sufficiency review for circumstantial evidence)
- Clanton v. Commonwealth, 53 Va. App. 561, 673 S.E.2d 904 (2009) (circumstantial-evidence sufficiency and burden)
- Morris v. Commonwealth, 51 Va. App. 459, 658 S.E.2d 708 (2008) (continuing-offense concept guarding multi-jurisdiction acts)
- Barber v. Commonwealth, 5 Va. App. 172, 360 S.E.2d 888 (1987) (totality-of-circumstances test for single vs. multiple conspiracies)
- Wright v. Commonwealth, 224 Va. 502, 297 S.E.2d 711 (1982) (definition of conspiracy; use of circumstantial evidence)
- United States v. Midstate Hort. Co., 306 U.S. 161 (1939) (continuing-offense concept across jurisdictions)
- United States v. MacDougal, 790 F.2d 1135 (1986) (five-factor test for single conspiracy across locales)