741 S.E.2d 800
Va. Ct. App.2013Background
- Belew was convicted of felony hit and run under Code § 46.2-894 in Albemarle County after a bench trial.
- Evidence showed Belew struck Vargas's car from behind on Interstate 64; Vargas sustained back pain.
- Belew moved to strike the evidence claiming it did not prove injury or >$1,000 damage; offered no defense after continuance.
- Trial court found Vargas injured and that Belew knew of the injury; Belew was sentenced to five years with partial suspension.
- On appeal, the court reviewed sufficiency of the evidence de novo and interpreted ‘injury’ under the statute as having ordinary meaning, including soft-tissue injuries.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there was sufficient evidence of injury under 46.2-894 | Belew | Commonwealth | Yes; soft-tissue injury suffices |
Key Cases Cited
- Maxwell v. Commonwealth, 275 Va. 437, 657 S.E.2d 499 (2008) (sufficiency standard by Jackson framework)
- Clanton v. Commonwealth, 53 Va. App. 561, 673 S.E.2d 904 (2009) (conflicts resolved in favor of prosecution on review)
- Commonwealth v. McNeal, 282 Va. 16, 710 S.E.2d 733 (2011) (fact finder may credit conflicting testimony)
- English v. Commonwealth, 58 Va. App. 711, 715 S.E.2d 391 (2011) (soft tissue injuries recognized as bodily injuries in context)
- Harper v. Commonwealth, 49 Va. App. 517, 642 S.E.2d 779 (2007) (defers to trier of fact when resolving conflicts)