THE CIRCUIT COURT OF THE CITY OF PORTSMOUTH. Johnny E.
Gilchrist for appellant.
B. Theisen, Senior Assistant Attorney General (Mark R.
Herring, Attorney General, on brief), for appellee.
Chief Judge Huff, Judge Russell and Senior Judge Bumgardner
Argued at Chesapeake, Virginia.
Va.App. 383] GLEN A. HUFF, J.
R. Smith (" appellant" ) appeals his conviction of
felony hit and run, in violation of Code § 46.2-894.
After a [66 Va.App. 384] bench trial in the Circuit Court of
the City of Portsmouth (" trial court" ), appellant
was sentenced to one year and six months of active
incarceration. On appeal, appellant argues that the evidence
was insufficient to support his conviction because he never
left the scene of the accident and provided all required
information to the police officer. Because appellant did not
provide all the information required by Code § 46.2-894,
this Court affirms appellant's conviction.
appeal, " we consider the evidence and all reasonable
inferences flowing from that evidence in the light most
the Commonwealth, the prevailing party at trial."
Williams v. Commonwealth, 49 Va.App. 439, 442, 642
S.E.2d 295, 296 (2007) ( en banc ) (quoting
Jackson v. Commonwealth, 267 Va. 666, 672, 594
S.E.2d 595, 598 (2004)). So viewed, the evidence is as
April 2013, appellant and his girlfriend, Sheryl Boone
(" Boone" ), lived in an apartment over a
restaurant in Portsmouth. Sydney Meers (" Meers" ),
the restaurant's owner, lived directly across the street
from the restaurant. Shortly after midnight on April 2, 2013,
Meers heard a car's engine " rev up" and looked
outside where he " saw a car run into [his]
building." Meers recognized appellant as the driver.
Roesch (" Roesch" ) of the Portsmouth Police
Department arrived at the accident scene. As Roesch was
taking photographs and inspecting the crime scene, he noticed
that " a section of the driver's side air bag . . .
appeared to contain what looked like a blood stain."
During this investigation, appellant approached Roesch on
" several occasions," inquiring " in regards
to any possible suspects . . ., as he previously had stated
that he believed someone had stolen his vehicle and then
crashed it into the building . . . ." After Roesch
indicated that a portion of the " deployed driver's
front air bag . . . appeared to have a blood stain,"
appellant responded that " he had previously cut his
finger earlier in the day and was concerned that that would
somehow have contaminated [66 Va.App. 385] the air bag."
Appellant also told Roesch that he was not " driving the
vehicle as it struck the building."
cross-examination, Roesch testified that appellant provided
Roesch with his name and that all of his contact with
appellant occurred at the site of the crash. Roesch also
testified that upon receiving appellant's name he "
would have . . . checked to see if [appellant] had a valid
driver's license . . . ." Roesch knew that appellant
resided in the apartment above the restaurant due to "
[appellant's] statements later on," and Roesch
testified that the car ...