Patricia Ann Gerald v. Commonwealth of Virginia

CourtCourt of Appeals of Virginia
DecidedDecember 27, 2016
Docket1931152
StatusUnpublished

This text of Patricia Ann Gerald v. Commonwealth of Virginia (Patricia Ann Gerald v. Commonwealth of Virginia) 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.

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Patricia Ann Gerald v. Commonwealth of Virginia, (Va. Ct. App. 2016).

Opinion

COURT OF APPEALS OF VIRGINIA

Present: Chief Judge Huff, Judges Russell and AtLee UNPUBLISHED

Argued at Richmond, Virginia

PATRICIA ANN GERALD MEMORANDUM OPINION* BY v. Record No. 1931-15-2 CHIEF JUDGE GLEN A. HUFF DECEMBER 27, 2016 COMMONWEALTH OF VIRGINIA

FROM THE CIRCUIT COURT OF ALBEMARLE COUNTY Cheryl V. Higgins, Judge

Michael J. Hallahan, II, for appellant.

Christopher P. Schandevel, Assistant Attorney General (Mark R. Herring, Attorney General, on brief), for appellee.

Patricia Ann Gerald (“appellant”) appeals her conviction of perjury, in violation of Code

§ 18.2-434. After being convicted of driving on a suspended license, third offense, in the

Albemarle County General District Court, a grand jury indicted appellant for perjury. Appellant

appealed the driving on a suspended license conviction to the Albemarle County Circuit Court

(“trial court”), which, following a bench trial on both charges, convicted appellant for driving on

a suspended license, third offense, and for committing perjury in the general district court. The

trial court sentenced appellant to an active sentence of three months’ imprisonment for the

perjury conviction and ten days’ imprisonment on the driving on a suspended license conviction.

On appeal, appellant challenges the sufficiency of the evidence for the perjury conviction and

contends that the trial court was an improper venue for the perjury trial. For the following

reasons, this Court affirms the conviction.

* Pursuant to Code § 17.1-413, this opinion is not designated for publication. I. BACKGROUND

On appeal, “we consider the evidence and all reasonable inferences flowing from that

evidence in the light most favorable to 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 follows.

Between 3:00 and 4:00 p.m. on May 26, 2013, a Mercedes rear-ended a Toyota Matrix

driven by Paul Welch (“Welch”) while he waited for a traffic signal on Ivy Road in Albemarle

County. Welch “immediately” opened his door to exit his car and saw in his mirror the

Mercedes’s driver stepping out of the driver’s side. Welch identified the driver as appellant.

Welch walked to the passenger side of the Mercedes, and Tarsha Gerald (“Tarsha”)—appellant’s

daughter—stepped out of the front passenger side of the vehicle. The only other person Welch

observed in the Mercedes was a woman in the backseat who did not leave the car. Tarsha

identified herself as the car’s owner and gave Welch a piece of paper with her contact

information, insurance company, and license plate number. Tarsha had only a state-issued

identification card and did not show Welch a driver’s license.

Welch then asked to see the license belonging to the car’s driver, appellant. At that point,

the two women switched sides—Tarsha “ran around to the driver’s side, hopped in the car, and

[appellant] got in the passenger seat, and they sped off.” Welch followed the Mercedes long

enough to confirm that the license plate number appellant gave him was accurate and then called

police.

Albemarle County Police Officer Ralph Scopelliti (“Scopelliti”) responded to the scene

and, based on his conversation with Welch, radioed information about the incident to dispatch.

Officer Carl Scott Miller (“Miller”) heard Scopelliti’s call and then traveled to an address -2- associated with the Mercedes provided by dispatch. On arrival, he located the car, appellant, and

Tarsha. Appellant identified herself to Miller as the vehicle’s owner, asked him if “this was

about the crash,” and admitted that “she had been driving.” After Miller asked for appellant’s

driver’s license, appellant showed him a state identification card and acknowledged that her

license was suspended. Miller later confirmed that both Tarsha and appellant had suspended

licenses.

During the investigation, Scopelliti called a phone number Miller provided him in order

to follow up with the two women. Scopelliti identified himself, and then confirmed that he was

speaking with Tarsha. After asking Tarsha several questions, Scopelliti asked to speak with

appellant, who then came on the line and identified herself as appellant. In response to

Scopelliti’s asking “if she was in an accident,” appellant responded “yes.” Scopelliti then asked

appellant “if she drove before and after the accident,” and she responded “yes.” Finally,

Scopelliti asked appellant whether she had a driver’s license, and she replied that she did.

Based on the investigation, both appellant and Tarsha were charged with driving on a

suspended license in violation of Code § 46.2-301. The joint trial of appellant and Tarsha as

codefendants took place in Albemarle County General District Court on October 8, 2013. The

general district court judge administered oaths to appellant, Tarsha, and the Commonwealth’s

witnesses before the trial began. Both appellant and Tarsha testified in their own defense.

Because there was no record of the general district court proceedings, during the later

circuit court proceedings the Commonwealth relied on Scopelliti’s testimony to establish the

events of the general district court trial. His testimony established that, on direct examination,

both appellant and Tarsha denied driving. During the general district court trial, the

Commonwealth’s attorney had read from Miller’s investigation notes, which contained the

questions he asked appellant and Tarsha during the investigation, in order to ask the -3- codefendants those same questions on cross-examination. Scopelliti had an identical copy of

Miller’s notes on which he had recorded what questions the Commonwealth’s attorney had asked

appellant.

Specifically, the Commonwealth’s attorney had first asked appellant “if she had spoken

to Officer Miller.” Appellant’s “answer was no.” The Commonwealth’s attorney then had

“asked if Officer Miller asked her about her driver’s license and if she had told him that she did

not have one because she had to pay reinstatement fees,1 and the answer was no, she didn’t make

any of those statements.” Finally, the Commonwealth’s attorney had asked appellant “if the

officer asked if her name was Patricia Gerald and that she had been driving the car that day, and

the answer was no.” After cross-examining both appellant and Tarsha, the Commonwealth had

asked the codefendants if they understood they were under oath, and both independently

answered that they understood they were under oath and they had told the truth on

cross-examination.

The general district court found both appellant and Tarsha guilty of driving on suspended

licenses, and both appealed their convictions to the circuit court where they were tried jointly for

the original driving on a suspended license charges as well as for committing perjury during the

general district court trial.

Following the close of the Commonwealth’s evidence during the circuit court trial, which

included the testimony of Welch, Miller, and Scopelliti, Tarsha testified in her own defense.

According to Tarsha, she, appellant, appellant’s boyfriend Aaron Alexander, Tarsha’s two

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Jackson v. Commonwealth
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Andrew Wallace v. Commonwealth of Virginia
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Fitch v. Commonwealth
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Spangler v. Commonwealth
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