Manuel Walston v. County of Arlington

559 S.E.2d 391, 37 Va. App. 457, 2002 Va. App. LEXIS 87
CourtCourt of Appeals of Virginia
DecidedFebruary 5, 2002
Docket1648004
StatusPublished

This text of 559 S.E.2d 391 (Manuel Walston v. County of Arlington) is published on Counsel Stack Legal Research, covering Court of Appeals of Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Manuel Walston v. County of Arlington, 559 S.E.2d 391, 37 Va. App. 457, 2002 Va. App. LEXIS 87 (Va. Ct. App. 2002).

Opinion

FITZPATRICK, Chief Judge.

Manuel Walston was convicted in a bench trial of failure to report a towed vehicle in violation of Arlington County Code § 14.2-38.2(B). The sole issue on appeal is whether the trial court erred in denying appellant’s motion to strike the evidence as insufficient. 1 For the following reasons, we affirm appellant’s conviction.

I.

Under familiar principles of appellate review, we examine the evidence in the light most favorable to the Commonwealth, the prevailing party below, granting to it all reasonable inferences fairly deducible therefrom. See Juares v. Commonwealth, 26 Va.App. 154, 156, 493 S.E.2d 677, 678 (1997).

So viewed, the evidence established that on January 22, 2000, at 8:00 a.m. Patrick Timothy Murphy parked his car in a parking lot adjacent to an open CVS drugstore. He entered the store, purchased several items and three to four minutes later returned to the parking lot to find his automobile missing. He called his wife and asked her to report the “theft” to the police.

Officer Ahn, of the Arlington County Police Department, received the complaint at 8:08 a.m. and began to check the *461 towing companies located on South Jefferson Davis Highway in Arlington County to see whether the car had been towed. He located the vehicle and determined that it had been towed by Manuel Walston of Frank’s Towing. Walston told Officer Ahn that he towed the car because the drugstore did not open until 9:00 a.m. and he had seen Murphy’s car in the lot at 7:00 a.m. Appellant stated that he checked the hood of the vehicle before he towed it and the hood was cool.

Officer Ahn asked Walston why he failed to call in the tow to the Arlington police as required. Walston gave the officer three different versions of the facts surrounding the tow call. First, he said he had called in the tow but the dispatcher did not follow up on the information. Next, he stated that he called in the tow but the reception was bad. Finally, he admitted he did not call in the tow because he had no radio.

Appellant presented no additional evidence and moved to strike the County’s case. He argued that: (1) Arlington County Code § 14.2-38.2(B) placed no duty on a tow truck operator to give the required notice; (2) there was no evidence establishing the ownership or control of the parking lot or parking space; and (3) the Arlington County code section should be strictly construed against the County.

The trial court denied appellant’s motion. It found that Walston’s statements to,the police officer proved his agency relationship to the owner of the property and to the tow operator. Additionally, the County’s evidence established that appellant recognized his obligation to give notice as required by the Arlington County Code and that he failed to do so.

II.

In reviewing the sufficiency of the evidence, “the judgment of the trial court sitting without a jury is entitled to the same weight as a jury verdict.” Saunders v. Commonwealth, 242 Va. 107, 113, 406 S.E.2d 39, 42, cert. denied, 502 U.S. 944, 112 S.Ct. 386, 116 L.Ed.2d 337 (1991).

“[T]he trial court’s judgment will not be set aside unless plainly wrong or without evidence to support it.” Hun *462 ley v. Commonwealth, 30 Va.App. 556, 559, 518 S.E.2d 347, 349 (1999).

Under familiar principles, penal statutes must be strictly construed against the Commonwealth. Stevenson v. City of Falls Church, 243 Va. 434, 436, 416 S.E.2d 435, 437 (1992). However, when statutory construction is required, we construe a statute to promote the end for which it was enacted, if such an interpretation can reasonably be made from the language used. VEPCO v. Board of County Supervisors, 226 Va. 382, 387-88, 309 S.E.2d 308, 311 (1983); Woolfolk v. Commonwealth, 18 Va.App. 840, 847, 447 S.E.2d 530, 533 (1994). Thus, a statute should be read to give reasonable effect to the words used “and to promote the ability of the enactment to remedy the mischief at which it is directed.” Jones v. Conwell, 227 Va. 176, 181, 314 S.E.2d 61, 64 (1984). “Where a particular construction of a statute will result in an absurdity, some other reasonable construction which will not produce the absurdity will be found.” Miller v. Commonwealth, 180 Va. 36, 41, 21 S.E.2d 721, 723 (1942).

III.

Appellant contends that Arlington County Code § 14.2-38.2(B) requires the “owner, operator, or lessee of any parking lot ... or the authorized agent or the one having control of such premises” to notify the police department of the tow rather than the tow truck driver. This argument is without merit.

Arlington County Code § 14.2-38.2(B) states:

It shall be lawful for any owner, operator, or lessee of any parking lot or parking area or space therein or part thereof, or of any other lot or building, or the authorized agent of the one having control of such premises to have any motor vehicle occupying such lot, area, space, or building, or part thereof, without the permission of such owner, operator, lessee, or authorized agent of the one having control of such premises removed by a tow truck service to a garage licensed by Arlington County or to a garage licensed by *463 Fairfax County or the cities of Alexandria or Falls Church located within three (3) miles of the boundary of Arlington County open for retrieval of vehicles by the owner or custodian twenty-four (24) hours per day, provided notice of such action shall be given before the vehicle is removed from the premises by the tow truck service to the Arlington County Police Department. Notice shall consist of:
(1) The name of the tow truck operator and tow truck service removing the vehicle;
(2) A description of the vehicle towed;
(3) The location of the trespassing vehicle and the time the tow truck service was contacted, except that the notice need not contain the time of contact if such tow was made pursuant to a pre-existing written contract;
(4) Where the vehicle is towed; and

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Related

Huddleston v. United States
415 U.S. 814 (Supreme Court, 1974)
Hunley v. Commonwealth
518 S.E.2d 347 (Court of Appeals of Virginia, 1999)
Marable v. Commonwealth
500 S.E.2d 233 (Court of Appeals of Virginia, 1998)
Juares v. Commonwealth
493 S.E.2d 677 (Court of Appeals of Virginia, 1997)
Long v. Commonwealth
379 S.E.2d 473 (Court of Appeals of Virginia, 1989)
Speight v. Commonwealth
354 S.E.2d 95 (Court of Appeals of Virginia, 1987)
Jones v. Conwell
314 S.E.2d 61 (Supreme Court of Virginia, 1984)
Stevenson v. City of Falls Church
416 S.E.2d 435 (Supreme Court of Virginia, 1992)
Woolfolk v. Commonwealth
447 S.E.2d 530 (Court of Appeals of Virginia, 1994)
Virginia Electric & Power Co. v. Board of County Supervisors
309 S.E.2d 308 (Supreme Court of Virginia, 1983)
Saunders v. Commonwealth
406 S.E.2d 39 (Supreme Court of Virginia, 1991)
Miller v. Commonwealth
21 S.E.2d 721 (Supreme Court of Virginia, 1942)

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Bluebook (online)
559 S.E.2d 391, 37 Va. App. 457, 2002 Va. App. LEXIS 87, Counsel Stack Legal Research, https://law.counselstack.com/opinion/manuel-walston-v-county-of-arlington-vactapp-2002.