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Coston v. Commonwealth

Citations: 512 S.E.2d 158; 29 Va. App. 350; 1999 Va. App. LEXIS 173Docket: 0404981

Court: Court of Appeals of Virginia; March 23, 1999; Virginia; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

In this case, the Court of Appeals of Virginia evaluated the conviction of an individual for forgery of a public record, specifically relating to a summons signed under an assumed name. The appellant challenged the conviction on the grounds that the summons did not qualify as a public record, arguing that it was not issued by a public officer or public employee. The court, led by Judge Overton, examined the role of the issuer of the summons, a licensed security guard registered with the Department of Criminal Justice Services. The court affirmed that the security guard, having undergone requisite training and background checks, possessed the authority akin to that of public officers, thereby validating the summons as a public record. The court's analysis focused on the statutory framework that provided registered security officers powers similar to those of police officers, including the issuance of summonses. Ultimately, the court upheld the conviction, while expressly limiting the scope of its ruling to the particulars of this case, indicating that not all private security officers are deemed public officers universally.

Legal Issues Addressed

Definition of Public Officer

Application: The court determined that a licensed security guard, registered and trained under state law, qualifies as a public officer for the purposes of issuing a summons.

Reasoning: The Court of Appeals of Virginia, led by Judge Overton, affirmed the conviction, determining that Sergeant Anthony Primus, who issued the summons, qualified as a 'public officer.'

Forgery of a Public Record

Application: The court held that the forgery of a summons signed under an assumed name constituted forgery of a public record.

Reasoning: Cornelius Rodney Coston was convicted of forgery of a public record, specifically a summons he signed under an assumed name.

Limitations on Classification of Public Officers

Application: The court clarified that the ruling was specific to this case and not all private security officers are considered public officers in every context.

Reasoning: The court limited its ruling to the specifics of this case, clarifying that not all private security officers are considered public officers in every context.

Powers of Registered Security Officers

Application: The court recognized registered security officers as having powers similar to police officers, including the authority to issue summonses, under the statutory framework.

Reasoning: The Court noted that registered security officers have many powers similar to police officers, including the authority to issue summonses.