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Edgar Edmundo Moreno v. Commonwealth of Virginia

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BEALES, Judge. Edgar Edmundo Moreno (appellant) appeals his conviction by a jury for uttering a forged public record in violation of Code § 18.2-168. Appellant argues that the circuit court erred in finding that a purported accord and satisfaction agreement, which appellant presented as genuine to the Loudoun County General District Court in an earlier matter, was a public record, as defined by Code § 42.1-77 and as required for conviction under Code § 18.2-168. We hold that the circuit court did not err when it determined that the accord and satisfaction agreement was a public record for purposes of Code § 18.2-168, and, accordingly, for the following reasons, we affirm appellant’s conviction. I. Background We consider the evidence on appeal “ ‘in the light most favorable to the Commonwealth, as we must since it was the prevailing party’ ” in the circuit court. Beasley v. Commonwealth, 60 Va.App. 381, 391, 728 S.E.2d 499, 504 (2012) (quoting Riner v. Commonwealth, 268 Va. 296, 330, 601 S.E.2d 555, 574 (2004)). On April 3, 2012, appellant was involved in a physical altercation with his uncle, Felix Ramirez, at the home where Ramirez rented a room from appellant’s mother. Ramirez called the police to the home, and Deputy Sean McCormack arrived and arrested appellant for misdemeanor assault and *124 battery, in violation of Code § 18.2-57. The parties appeared for trial on May 8, 2012, but the trial was continued to allow Deputy McCormack to subpoena Ramirez, who had not appeared that day. Appellant later testified that, at this time, the general district court informed him that, if Ramirez wished for the case not to go forward, then Ramirez should prepare a letter to the court requesting that it not go forward. Appellant arrived at the general district court on the next scheduled trial date, June 5, 2012, and gave to the prosecutor a letter that he alleged was written by Ramirez, who was again not present in court that day. The handwritten letter read as follows: May 27, 2012 Re: Accord and Satisfaction GC12001662 I, Felix 0 Ramirez am writing this letter as proof that I have accepted and [sic] amount of $100.00 dollars from my nephew edgar moreno [sic] as full satisfaction to our case GC12001662. I wish not to proceed. Thank you very much. ITS] Felix O Ramirez 5/27/2012 The Commonwealth’s attorney gave the letter to Deputy McCormack to review and prepared an accord and satisfaction plea sheet. When appellant’s case was called, appellant presented the letter and the plea sheet to the bailiff, who then handed them to the judge. The general district court then dismissed the case pursuant to the tendered accord and satisfaction, relying on Code § 19.2-151. In November of 2012, Ramirez reached out to Deputy McCormack and asked about the status of the case. Deputy McCormack met with Ramirez, showed him the letter, and explained that the case had been dismissed pursuant to the accord and satisfaction. Ramirez, however, denied writing the letter or even …


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