English v. Com., Record No. 1487-03-2.

• Decision Date: 22 June 2004
• Docket Number: Record No. 1487-03-2.
• Citation: 43 Va.App. 370,598 S.E.2d 322
• Parties: Robert Keith ENGLISH v. COMMONWEALTH of Virginia.
• Court: Virginia Court of Appeals

598 S.E.2d 322

43 Va.App. 370

Robert Keith ENGLISH v. COMMONWEALTH of Virginia.

Record No. 1487-03-2.

Court of Appeals of Virginia, Richmond.

June 22, 2004.

Peter A. Nikas (Nikas & Powers, on brief), Chesterfield, for appellant.

Margaret W. Reed, Assistant Attorney General (Jerry W. Kilgore, Attorney General, on brief), for appellee.

Present: FRANK, KELSEY, JJ., and WILLIS, Sr.J.

WILLIS, Judge.

On appeal from his conviction of impersonating a law enforcement officer, in violation of Code § 18.2-174, Robert Keith English contends the evidence was insufficient to prove he falsely assumed or exercised the functions, powers, duties, or privileges incident to law enforcement officers or falsely pretended to be a law enforcement officer. English argues he was acting within the power and authority conferred on him as a fugitive recovery agent by Code § 19.2-149. We affirm the judgment of the trial court.

BACKGROUND

"On appeal, `we review the evidence in the light most favorable to the Commonwealth, granting to it all reasonable inferences fairly deducible therefrom.'" Archer v. Commonwealth, 26 Va.App. 1, 11, 492 S.E.2d 826, 831 (1997) (citation omitted). "In its role of judging witness credibility, the fact finder is entitled to disbelieve the self-serving testimony of the accused and to conclude that the accused is lying to conceal his guilt." Marable v. Commonwealth, 27 Va.App. 505, 509-10, 500 S.E.2d 233, 235 (1998). The trier of fact is not required to accept a party's evidence in its entirety, Barrett v. Commonwealth, 231 Va. 102, 107, 341 S.E.2d 190, 193 (1986), but is free to believe or disbelieve, in whole or in part, the testimony of any witness, Rollston v. Commonwealth, 11 Va.App. 535, 547, 399 S.E.2d 823, 830 (1991). Thus, the trial court was entitled to disbelieve English's self-serving testimony and to resolve any evidentiary conflict in favor of the Commonwealth. Further,

[w]hen a defendant challenges on appeal the sufficiency of the evidence to sustain his convictions, it is the appellate court's duty to examine the evidence that tends to support the convictions and to permit the convictions to stand unless they are plainly wrong or without evidentiary support. If there is evidence to support the convictions, the reviewing court is not permitted to substitute its own judgment, even if its opinion might differ from the conclusions reached by the finder of fact at the trial.

Commonwealth v. Jenkins, 255 Va. 516, 520, 499 S.E.2d 263, 265 (1998) (citations omitted).

The evidence disclosed that English was a fugitive recovery agent who possessed a bail piece commanding the arrest and surrender of Terrence Adams, a fugitive on a warrant charging attempted murder. English had information that Adams could be found late at night on Brandermill Parkway, riding in a metallic-colored Honda Accord with personalized license plates driven by a woman. On the subject occasion, Elizabeth Matthews was driving a car similar to the one described. She had a male passenger. English got behind Matthews' vehicle and signaled with his headlights and a flashlight. Matthews testified she saw flashing lights and a spotlight being shined into her vehicle. She pulled over, believing the police were stopping her.

After Matthews stopped, English approached the driver's side of her car. He was wearing around his neck a gold badge that stated "special investigations unit." Matthews testified that it "looked like a police badge." Matthew's passenger, Romy Baassiri, testified that English announced that he was a special agent with the violent crimes unit and asked him and Matthews for identification. Matthews handed English her operator's license. English asked Matthews whether she had been drinking alcohol and whether she had any weapons or drugs in her car. He then asked her to step out of her car. He again asked whether she had been drinking and said that he could help her out if she told the truth. Matthews had not been drinking and told English she was just tired. She told him she recognized him from their neighborhood. English then told her he was a fugitive recovery agent and...