COURT OF APPEALS OF VIRGINIA 

Present: Judges Benton, Elder and Annunziata 

Argued at Richmond, Virginia 

David Franklin Curtis 

v. Record No. 1445-94-2 MEMORANDUM OPINION* BY 

 JUDGE ROSEMARIE ANNUNZIATA 

Town of Colonial Beach OCTOBER 24, 1995 

FROM THE CIRCUIT COURT OF WESTMORELAND COUNTY 

 Joseph E. Spruill, Jr., Judge 

 Carroll E. Smith for appellant. 

 No brief or argument for appellee. 

 

 *Pursuant to Code § 17-116.010 this opinion is not 

designated for publication. 

 The appellant, David Franklin Curtis, appeals his conviction 

of a Class 1 misdemeanor based on a town ordinance charging 

obstruction of justice. He contends that the evidence is 

insufficient. We agree and reverse the conviction. 

 On March 14, 1994, Officer John Wright of the Town of 

Colonial Beach Police Department stopped appellant for driving 

the wrong way on a one-way street, and subsequently arrested him 

for driving under the influence of alcohol (DUI). A nurse 

administered a blood test and the blood was placed in two 

separate vials. As was explained to appellant, the vials were 

placed into two separate boxes, one for analysis by the state 

forensic laboratory, and one to be sent for independent 

laboratory analysis. 

 After the magistrate issued the warrant for DUI, the vials 
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of blood were placed on a desk at the police department. Wright, 

preparing for appellant's release from custody, walked away from 

the desk to retrieve a form. Appellant took the box containing 

the vial of blood which was to be sent to the state lab, and ran 

to the bathroom. 

 Wright heard the toilet flush and forced open the bathroom 

door. He saw blood on, and in, the toilet. The empty vial was 

discovered by another officer outside the bathroom window, and 

was returned to Wright. Wright arrested appellant, pursuant to 

Town of Colonial Beach Ordinance § 17-3, for obstruction of 

justice. The warrant alleged a violation of "17-3 (18.2-460)," 

and charged that appellant "did knowingly obstruct a 

law-enforcement officer in the performance of his duties." 

 At trial, at the motion to strike, appellant's counsel 

argued that it was unfair to appellant not to have a copy of the 

town ordinance under which he was charged. Counsel argued that 

he did not know what § 17-3 provided, or whether it tracked "all 

of the language in [Code §] 18.2-460." He also argued that the 

evidence did not show proof of threat or force, and thus was 

insufficient to establish a violation of Code § 18.2-460(B) or 

(C). 

 The trial judge took judicial notice of the ordinances of 

the Town of Colonial Beach. When the judge asked if the 

ordinances "[i]ncorporate by reference the entire state Code," 

the prosecutor responded that they did. The judge found 
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appellant guilty of the Class 1 misdemeanor of obstruction of 

justice, finding that "[i]t took a bit of force" to destroy the 

evidence. 

 Pursuant to Code § 19.2-265.2, a trial court in a criminal 

case shall take judicial notice of the law of the Commonwealth or 

of any political subdivision or agency thereof. See Griswold v. 

Commonwealth, 19 Va. App. 479, 484, 453 S.E.2d 287, 290-91 

(1995). The term "political subdivision," as defined by Code 

§ 8.01-385, "as applied to this Commonwealth and other states of 

the United States, include[s], without limitation counties, 

cities, towns, boroughs, and any other division thereof 

recognized and vested with authority to enact or promulgate 

ordinances, rules, and regulations having the force or effect of 

law." (Emphasis added). The trial court did not err in taking 

judicial notice of the ordinance. See also Bouldin v. 

Commonwealth, 4 Va. App. 166, 169, 355 S.E.2d 352, 354 (1987). 

 However, the appellant's conviction is not supported by the 

evidence and is reversed on this ground. Town of Colonial Beach 

Ordinance § 17-3 is a penal statute; therefore, it "must be 

strictly construed against the [prosecution] and applied only in 

those cases falling clearly within the language of the statute." 

Scott v. Commonwealth, 14 Va. App. 294, 296, 416 S.E.2d 47, 48 

(1992). The ordinance provides as follows: 

 (a) No person shall, by threats or force, attempt to 

intimidate or impede a judge, magistrate, justice, 

juror, witness or an officer of a court, or any 

law-enforcement officer, in the discharge of his duty, 

or to obstruct or impede the administration of justice 
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in any court. 

 (b) A violation of this section shall 

constitute a Class 1 misdemeanor. (Ord. 

 No. 76A). 

§ 17-3. Appellant made no threat against Officer Wright, nor did 

he use any force against him. Rather, all the evidence shows is 

that appellant knowingly obstructed Wright in the performance of 

his duties. There is no comparable offense under the ordinance 

of the Town of Colonial Beach. Accordingly, appellant's 

conviction under the Town Ordinance § 17-3 is reversed and the 

case dismissed. 

Reversed and dismissed.