Solicitation Prostitution Virginia Fairfax Lawyer Violation Code 18.2- 349Updated on: 7:05 pm
Solicitation Prostitution Virginia Fairfax Lawyer Violation Code 18.2- 349
Luke v. Commonwealth
Defendant challenged a judgment of the Circuit Court (Virginia), which convicted him of use of a vehicle for solicitation of prostitution in violation of Va. Code Ann. § 18.2-349. He argued that the evidence was insufficient to support his conviction.
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The Virginia Court made the following holding:
- On appeal, an appellate court reviews the evidence in the light most favorable to the Commonwealth. That principle requires the appellate court to discard the evidence of the accused in conflict with that of the Commonwealth, and regard as true all the credible evidence favorable to the Commonwealth and all fair inferences to be drawn therefrom.
- In a challenge to the sufficiency of the evidence, a reviewing court presumes the judgment of the trial court to be correct and will not set it aside unless it is plainly wrong or without evidence to support it. The reviewing court, under this standard, does not ask itself whether it believes that the evidence at the trial established guilt beyond a reasonable doubt. Instead, the reviewing court must answer the question of whether any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt. Thus, it determines whether the evidence, viewed in the light most favorable to the prevailing party, the Commonwealth, and the reasonable inferences fairly deducible from that evidence support each and every element of the charged offense. When the reviewing court considers the sufficiency of the evidence it reviews the totality of the evidence to determine whether it was sufficient to prove an offense.
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Article written by A Sris
These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.