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COURT OF APPEALS OF VIRGINIA Present: Chief Judge Felton, Judges Frank and Kelsey Argued at Richmond, Virginia KEISHAWN LOMANT WHITFIELD v. Record No. 0243-10-2 OPINION BY JUDGE D. ARTHUR KELSEY DECEMBER 28, 2010

COMMONWEALTH OF VIRGINIA KEISHAWN LAMONTE WHITFIELD v. Record No. 0242-10-2

COMMONWEALTH OF VIRGINIA

FROM THE CIRCUIT COURT OF THE CITY OF RICHMOND Beverly W. Snukals; Bradley B. Cavedo, Judges John W. Luxton (John W. Luxton, P.C., on briefs), for appellant. Jennifer C. Williamson, Assistant Attorney General (Kenneth T. Cuccinelli, II, Attorney General, on briefs), for appellee.

The trial court found Keishawn Lamonte Whitfield guilty of involuntary manslaughter and felony child neglect. Based on these convictions, the trial court revoked an earlier order deferring a disposition on a cocaine possession charge and entered a final order convicting Whitfield of that offense. On appeal, Whitfield argues the evidence was insufficient to prove involuntary manslaughter and felony child neglect, and thus, equally insufficient to trigger the revocation of the earlier deferred disposition. We disagree and affirm.

Judge Snukals entered the final order in Record No. 0243-10-2 convicting Whitfield of involuntary manslaughter and felony child neglect. Judge Cavedo entered the final order in Record No. 0242-10-2 revoking Whitfield's deferred disposition and convicting him of cocaine possession.



I. On appeal, we review the evidence in the "light most favorable" to the Commonwealth. Commonwealth v. Hudson, 265 Va. 505, 514, 578 S.E.2d 781, 786 (2003). This principle requires us to "discard the evidence of the accused in conflict with that of the Commonwealth, and regard as true all the credible evidence favorable to the Commonwealth and all fair inferences to be drawn therefrom." Parks v. Commonwealth, 221 Va. 492, 498, 270 S.E.2d 755, 759 (1980) (emphasis and citation omitted). In addition, "an appellate court's `examination is not limited to the evidence mentioned by a party in trial argument or by the trial court in its ruling.'" Perry v. Commonwealth, 280 Va. 572, 580, 701 S.E.2d 431, 436 (2010) (quoting Bolden v. Commonwealth, 275 Va. 144, 147, 654 S.E.2d 584, 586 (2008)). Instead, "an appellate court must consider all the evidence admitted at trial that is contained in the record." Id. (quoting Bolden, 275 Va. at 147, 654 S.E.2d at 586); see also Hamilton v. Commonwealth, 279 Va. 94, 103, 688 S.E.2d 168, 173 (2010). Viewed from this perspective, the record shows the trial court in January 2009 found sufficient evidence to convict Whitfield of cocaine possession. Pursuant to Code

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