Order Granting in Part Petition for Appeal


In The Court of Appeals of Virginia on Tuesday the 19th day of October, 1993.

M. Ismail Sloan, a/k/a
Samuel Howard Sloan,

Record No. 0934-93-3
Circuit Court Nos. CR91003195-00 and

Commonwealth of Virginia,


From the Circuit Court of the City of Lynchburg
Before Judges Benton, Coleman and Willis

Appellant's motion to not consider appellee's brief in opposition is granted. The brief in opposition was not timely filed, and no motion for extension of time was filed. Rule 5A:13.

This petition for appeal is granted in part and denied in part. And an appeal is awarded to the petitioner from a judgment of the Circuit Court of the City of Lynchburg, dated January 13, 1993, with respect to the following question:

Whether the language of the indictment alleging a felony violation of bond specifically by reason of appellant's failure to appear on January 10, 1992 presents a fatal variance from the evidence presented.

No bond is required. The clerk is directed to certify this action to the trial court and to all counsel of record.

Pursuant to Rule 5A:25, an appendix is required in this appeal and shall be filed by the appellant at the time of the filing of the opening brief.

The remainder of the petition for appeal is denied for the following reason:

"When considering the sufficiency of the evidence on appeal of a criminal conviction, we must view all the evidence in the light most favorable to the Commonwealth and accord to the evidence all reasonable inferences fairly deducible therefrom." Traverso v. Commonwealth, 6 Va. App. 172, 176, 366 S.E.2d 719, 721 (1988).

An order of the circuit court awarded custody of appellant's daughter, Shamema Honzagool Sloan, to Mr. and Ms. Roberts. On September 5, 1991, appellant visited with his daughter at the home of appellant's mother. Richard Groff, who was present to supervise the visit, testified that appellant took his daughter to an awaiting rental car. After appellant started the car, Groff opened the door and grabbed the steering wheel. Appellant accelerated, dragging Groff approximately 100 yards, and attempted to push Groff away from the car. After a struggle ensued, Groff broke the key in the ignition, and Groff removed the daughter from appellant's rental car.

The evidence further proved that appellant had rented a car using the name Richard Bozulich. The rental was for a one-way trip from Lynchburg, Virginia to Greenville, South Carolina. Among the documents found in appellant's possession on September 5, 1991, were two airline tickets for travel from Greenville, South Carolina to the Orient and back. The tickets were in the names of Richard Bozulich and S. Honzagool. Appellant also had in his possession his passport, his daughter's passport, and his daughter's birth certificate. Appellant mentioned he had a suitcase in the trunk of the car on that day.

The jury believed the testimony of the Commonwealth's witnesses. "The weight which should be given to the evidence and whether the testimony of a witness is credible are questions which the fact finder must decide." Bridgeman v. Commonwealth, 3 Va. App. 523, 528, 351 S.E.2d 598, 601 (1986). The testimony of the Commonwealth's witnesses was not inherently incredible or unreliable. This evidence proved beyond a reasonable doubt that appellant intended to remove his daughter from the Commonwealth of Virginia on September 5, 1991.

A Copy,


Cynthia L. McCoy, Acting Clerk


Deputy Clerk


I, Cynthia L. McCoy, Acting Clerk of the Court of Appeals of Virginia, do hereby certify that on October 19, 1993 an appeal was awarded as described in the order to which this certificate is appended. A copy of this certificate and a copy of the order to which it is appended were this day mailed to the trial court indicated in the order and to all counsel of record.

Given under my hand this 19th day of October, 1993.

Cynthia L. McCoy, Acting Clerk


Deputy Clerk

Contact address - please send e-mail to the following address: Sloan@ishipress.com