Bowling v. Commonwealth, 654 S.E.2d 354 (Va. Ct. App. 2007). · Go Syfert
Bowling v. Commonwealth, 654 S.E.2d 354 (Va. Ct. App. 2007). Cases Citing This Book View Copy Cite
“hen we consider the sufficiency of the evidence . . . we review the totality of the evidence to determine whether it was sufficient to prove an offense.”
109 citation events (109 in the last 25 years) across 1 distinct court.
Strongest positive: Don Wayne Elliott v. Commonwealth of Virginia (vactapp, 2012-03-20)
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examined Cited as authority (verbatim quote) Don Wayne Elliott v. Commonwealth of Virginia (2×) also: Cited as authority (quoted)
Va. Ct. App. · 2012 · signal: see also · quote attribution · 2 verbatim quotes · confidence high
n objection to the admissibility of evidence cannot preserve the issue of the sufficiency of the evidence for appeal.
examined Cited as authority (verbatim quote) Ervin v. Commonwealth (4×) also: Cited as authority (quoted)
Va. Ct. App. · 2011 · signal: see · quote attribution · 4 verbatim quotes · confidence high
hen we consider the sufficiency of the evidence . . . we review the totality of the evidence to determine whether it was sufficient to prove an offense.
discussed Cited as authority (rule) Dustin Harris v. Commonwealth of Virginia
Va. Ct. App. · 2024 · confidence medium
Ervin v. Commonwealth, 57 Va. App. 495, 518 (2011) (“[W]hen we consider the sufficiency of the evidence . . . we review the totality of the evidence to determine whether it was sufficient to prove an offense.” (quoting Bowling v. Commonwealth, 51 Va. App. 102, 107 (2007))); Rule 3A:15 (noting that motions to strike challenge the sufficiency of the evidence).
cited Cited as authority (rule) Samuel Leon Burgess v. Commonwealth of Virginia
Va. Ct. App. · 2020 · confidence medium
Bowling v. Commonwealth, 51 Va. App. 102, 104 (2007). charges, and he was released on bond.
discussed Cited as authority (rule) Commonwealth of Virginia v. Kenneth Darrell Jenkins
Va. Ct. App. · 2018 · confidence medium
Commonwealth v. Hawkins, 10 Va. App. 41, 44 , 390 S.E.2d 3, 5 (1990); however, we are to avoid construing the relevant statutes “in a manner that ‘leads to absurd results.’” Commonwealth v. Mitchell, No. 0741-13-3, 2013 Va. App. LEXIS 251 , *5 (Va. Ct. App. Sept. 10, 2013) (quoting Bowling v. Commonwealth, 51 Va. App. 102, 109 , 654 S.E.2d 354, 358 (2007)).4 A. The notice of appeal was timely filed The filing of the notice of appeal in a pretrial appeal by the Commonwealth is governed by Code § 19.2-400.
discussed Cited as authority (rule) Dwayne Demario Marrow v. Commonwealth of Virginia
Va. Ct. App. · 2017 · confidence medium
Under this standard, each piece of evidence is not viewed in isolation but rather, “we review the totality of the evidence to determine whether it was sufficient to prove the offense.” Id. at 729, 781 S.E.2d at 365 (quoting Bowling v. Commonwealth, 51 Va. App. 102, 107 , 654 S.E.2d 354, 356 (2007)).
discussed Cited as authority (rule) Brionne Alexander Covil v. Commonwealth of Virginia
Va. Ct. App. · 2016 · confidence medium
Instead, we review the totality of the evidence to determine whether it was sufficient to prove an offense.” Wells, 65 Va. App. at 728-29 , 781 S.E.2d at 365 (quoting Bowling v. Commonwealth, 51 Va. App. 102, 107 , 654 S.E.2d 354, 356 (2007)). -5-
cited Cited as authority (rule) Jeffrey D. Wells v. Commonwealth of Virginia
Va. Ct. App. · 2016 · confidence medium
Instead, we review the totality of the evidence to determine whether it was sufficient to prove an offense.” Bowling v. Commonwealth, 51 Va.App. 102, 107 , 654 S.E.2d 354, 356 (2007).
discussed Cited as authority (rule) Quyen Vinh Phan Le v. Commonwealth of Virginia
Va. Ct. App. · 2015 · confidence medium
“The primary objective of statutory construction is to ascertain and give effect to legislative intent.” Commonwealth v. Zamani 256 Va. 391, 395 , 507 S.E.2d 608, 609 (1998). “ ‘Although penal statutes are to be strictly construed against the Commonwealth, courts are nevertheless bound by the plain meaning of unambiguous statutory language and may not assign a construction that amounts to holding that the General Assembly did not mean what it actually has stated.’ ” Bowling v. Commonwealth, 51 Va.App. 102, 108 , 654 S.E.2d 354, 357 (2007) (quoting Gunn v. Commonwealth, 272 Va. 580,…
cited Cited as authority (rule) Ronald Edward Johnson, Jr. v. Commonwealth of Virginia
Va. Ct. App. · 2015 · confidence medium
ANALYSIS A. Standard of Review “We review a trial court’s application of a statute de novo.” Bowling v. Commonwealth, 51 Va. App. 102, 108 , 654 S.E.2d 354, 357 (2007).
cited Cited as authority (rule) Brian Lester Walton, Sr. v. Commonwealth of Virginia
Va. Ct. App. · 2015 · confidence medium
Instead, we review the totality of the evidence to determine whether it was sufficient to prove [the] offense.” Bowling v. Commonwealth, 51 Va. App. 102, 107 , 654 S.E.2d 354, 356 (2007).
discussed Cited as authority (rule) Commonwealth of Virginia v. Shannon Smith Mitchell (2×)
Va. Ct. App. · 2013 · confidence medium
At the same time, we will not construe a statute in a manner that “leads to absurd results.” Bowling v. -3- Commonwealth, 51 Va. App. 102, 109 , 654 S.E.2d 354, 358 (2007) (citation omitted).
discussed Cited as authority (rule) Craig Rodney Lewis v. Commonwealth of Virginia
Va. Ct. App. · 2012 · confidence medium
Instead, we review the totality of the evidence to determine whether it was sufficient to prove an offense.” Bowling v. Commonwealth, 51 Va. App. 102, 107 , 654 S.E.2d 354, 356 (2007). “‘The judgment of the trial court is presumed to be correct and will be reversed only upon a showing that it is plainly wrong or without evidence to support it.’” Nelson v. Commonwealth, 281 Va. 212, 215 , 702 S.E.2d 815 , 816 (2011) (quoting Maxwell v. Commonwealth, 275 Va. 437, 442 , 657 S.E.2d 499, 502 (2008)).
discussed Cited as authority (rule) Damon Phineas Jordan v. Commonwealth of Virginia (2×)
Va. Ct. App. · 2012 · confidence medium
This Court reviews “the totality of the evidence to determine whether it was sufficient to prove an offense.” Bowling v. Commonwealth, 51 Va.App. 102, 107 , 654 S.E.2d 354, 356 (2007).
cited Cited as authority (rule) Jamar D. Street v. Commonwealth of Virginia
Va. Ct. App. · 2011 · confidence medium
However, “[w]e review a trial court’s application of a statute de novo.” Bowling v. Commonwealth, 51 Va. App. 102, 108 , 654 S.E.2d 354, 357 (2007).
cited Cited as authority (rule) Flanagan v. Commonwealth
Va. Ct. App. · 2011 · confidence medium
Instead, we review the totality of the evidence to determine whether it was sufficient to prove an offense.” Bowling v. Commonwealth, 51 Va.App. *701 102, 107, 654 S.E.2d 354, 356 (2007).
discussed Cited as authority (rule) Barson v. Commonwealth (2×)
Va. Ct. App. · 2011 · confidence medium
Instead, we review the totality of the evidence to determine whether it was sufficient to prove an offense." Bowling v. Commonwealth, 51 Va. App. 102, 107 , 654 S.E.2d 354, 356 (2007).
discussed Cited as authority (rule) Richard Hopfer v. Commonwealth of Virginia
Va. Ct. App. · 2011 · confidence medium
“There is simply a different legal analysis involved in determining the admissibility of the evidence as opposed to its sufficiency to prove an element of the offense.” Bowling v. Commonwealth, 51 Va. App. 102, 107 , 654 S.E.2d 354, 356-57 (2007).
discussed Cited as authority (rule) Jerry Lavail Stone v. Commonwealth of Virginia
Va. Ct. App. · 2010 · confidence medium
Bowling v. Commonwealth, 51 Va. App. 102, 106 , 654 S.E.2d 354, 356 (2007); Edwards v. Commonwealth, 41 Va. App. 752, 760 , 589 S.E.2d 444, 448 (2003) (en banc); Mounce v. Commonwealth, 4 Va. App. 433, 435 , 357 S.E.2d 742, 744 (1987).
discussed Cited as authority (rule) Bakran v. Commonwealth
Va. Ct. App. · 2010 · confidence medium
Thus, “we determine whether the evidence, viewed in the light most favorable to the prevailing party, the Commonwealth, and the reasonable inferences fairly deducible from that evidence support each and every element of the charged offense.” Haskins v. Commonwealth, 31 Va.App. 145, 149-50 , 521 S.E.2d 777, 779 (1999). “[W]hen we consider the sufficiency of the evidence ... we review the totality of the evidence to determine whether it was sufficient to prove an offense.” Bowling v. Commonwealth, 51 Va.App. 102, 107 , 654 S.E.2d 354, 356 (2007) (citing Commonwealth v. Duncan, 267 Va. 37…
discussed Cited as authority (rule) Griffin Dominque Elliott v. Commonwealth of Virginia
Va. Ct. App. · 2010 · confidence medium
Further, “[i]n order to convict an accused of a crime, the evidence must . . . exclude every reasonable hypothesis of innocence.” Yarborough v. Commonwealth, 247 Va. 215, 218 , 441 S.E.2d 342, 344 (1994). “[W]hen we consider the sufficiency of the evidence . . . we review the totality of the evidence to determine whether it was sufficient to prove an offense.” Bowling v. Commonwealth, 51 Va. App. 102, 107 , 654 S.E.2d 354, 356 (2007) (citing Commonwealth v. Duncan, 267 Va. 377, 385 , 593 S.E.2d 210, 215 (2004)).
discussed Cited as authority (rule) Theodore James Shuck v. Commonwealth of Virginia
Va. Ct. App. · 2010 · confidence medium
“There is simply a different legal analysis involved in determining the admissibility of the evidence as opposed to its sufficiency to prove an element of the offense.” Bowling v. Commonwealth, 51 Va. App. 102, 107 , 654 S.E.2d 354, 356-57 (2007).
discussed Cited as authority (rule) Goble v. Commonwealth (2×)
Va. Ct. App. · 2010 · confidence medium
Instead, we review the totality of the evidence to determine whether it was sufficient to prove an offense." Bowling v. Commonwealth, 51 Va.App. 102, 107 , 654 S.E.2d 354, 356 (2007).
discussed Cited as authority (rule) Samuel C. Asinugo v. Commonwealth of Virginia
Va. Ct. App. · 2010 · confidence medium
As an appellate court reviewing the totality of the evidence admitted at trial, see Bowling v. Commonwealth, 51 Va. App. 102, 107 , 654 S.E.2d 354, 356 (2007), we conclude that a rational factfinder, such as the trial court here, could have found beyond a reasonable doubt that appellant forged the fingerprint card with the required intent to defraud.
discussed Cited as authority (rule) Tavoris Marquise Courtney v. Commonwealth of Virginia
Va. Ct. App. · 2010 · confidence medium
When reviewing the sufficiency of the evidence to support a conviction, “we determine whether the evidence, viewed in the light most favorable to the prevailing party, the Commonwealth, and the reasonable inferences fairly deducible from that evidence support each and every element of the charged offense.” Haskins v. Commonwealth, 31 Va. App. 145, 149-50 , 521 S.E.2d 777, 779 (1999). “[W]hen we consider the sufficiency of the evidence . . . we review the totality of the evidence to determine whether it was sufficient to prove an offense.” Bowling v. Commonwealth, 51 Va. App. 102, 107 ,…
discussed Cited as authority (rule) Merritt v. Commonwealth (2×)
Va. Ct. App. · 2010 · confidence medium
Instead, we review the totality of the evidence to determine whether it was sufficient to prove an offense." Bowling v. Commonwealth, 51 Va.App. 102, 107 , 654 S.E.2d 354, 356 (2007) (citing Commonwealth v. Duncan, 267 Va. 377, 385 , 593 S.E.2d 210, 215 (2004)).
discussed Cited as authority (rule) Tanika L. Durand v. Commonwealth of Virginia
Va. Ct. App. · 2009 · confidence medium
Instead, we review the totality of the evidence to determine whether it was sufficient to prove an offense.” Bowling v. Commonwealth, 51 Va. App. 102, 107 , 654 S.E.2d 354, 356 (2007) (citing Commonwealth v. Duncan, 267 Va. 377, 385 , 593 S.E.2d 210, 215 (2004)). -8- In Virginia, a homicide is presumed to be second-degree murder.
discussed Cited as authority (rule) George Leon Phelps, Jr. v. Commonwealth of Virginia
Va. Ct. App. · 2009 · confidence medium
Instead, we review the totality of the evidence to determine whether it was sufficient to prove an offense.” Bowling v. Commonwealth, 51 Va. App. 102, 107 , 654 S.E.2d 354, 356 (2007) (citing Commonwealth v. Duncan, 267 Va. 377, 385 , 593 S.E.2d 210, 215 (2004)).
discussed Cited as authority (rule) Henry Johnson Lucas, Jr. v. Commonwealth of Virginia
Va. Ct. App. · 2009 · confidence medium
On appeal, we view those facts and incidents “in the light most favorable to the Commonwealth, the party prevailing below, giving it all reasonable inferences fairly deducible from the evidence.” Bowling v. Commonwealth, 51 Va. App. 102, 104 , 654 S.E.2d 354, 355 (2007) * Pursuant to Code § 17.1-413, this opinion is not designated for publication. (citing Ragland v. Commonwealth, 16 Va. App. 913, 915 , 434 S.E.2d 675, 676-77 (1993)).
discussed Cited as authority (rule) Darryl A. Mitchell v. Commonwealth of Virginia
Va. Ct. App. · 2009 · confidence medium
On appeal, we view those facts and incidents “in the light most favorable to the Commonwealth, the party prevailing below, giving it all reasonable inferences fairly deducible from the evidence.” Bowling v. Commonwealth, 51 Va. App. 102, 104 , 654 S.E.2d 354, 355 (2007) (citing Ragland v. Commonwealth, 16 Va. App. 913, 915 , 434 S.E.2d 675, 676-77 (1993)).
discussed Cited as authority (rule) Jean John Aidonis v. City of Fairfax
Va. Ct. App. · 2009 · confidence medium
On appeal, we view those facts and incidents “in the light most favorable to the Commonwealth, the party prevailing below, giving it all reasonable inferences fairly deducible from the evidence.” Bowling v. Commonwealth, 51 Va. App. 102, 104 , 654 S.E.2d 354, 355 (2007) (citing Ragland v. Commonwealth, 16 Va. App. 913, 915 , 434 S.E.2d 675, 676-77 (1993)).
discussed Cited as authority (rule) Stacey Pettaway, s/k/a Stacey Matthew Pettaway
Va. Ct. App. · 2009 · confidence medium
On appeal, we view those facts and incidents “in the light most favorable to the Commonwealth, ∗ Pursuant to Code § 17.1-413, this opinion is not designated for publication. the party prevailing below, giving it all reasonable inferences fairly deducible from the evidence.” Bowling v. Commonwealth, 51 Va. App. 102, 104 , 654 S.E.2d 354, 355 (2007) (citing Ragland v. Commonwealth, 16 Va. App. 913, 915 , 434 S.E.2d 675, 676-77 (1993)).
discussed Cited as authority (rule) Walter E. Cuadra Neria, a/k/a Walter E. Cuadra v. Commonwealth of Virginia
Va. Ct. App. · 2009 · confidence medium
Because the crime for which appellant was convicted occurred on November 22, 2003, we “must examine the statute that was in effect at that time.” Bowling v. Commonwealth, 51 Va. App. 102, 107 , 654 S.E.2d 354, 357 (2007); see Abdo v. Commonwealth, 218 Va. 473, 479 , 237 S.E.2d 900, 903-04 (1977) (declining to adjust defendant’s sentence when the General Assembly reduced the penalty of the crime for which he was convicted during the pendency of his appeal).
discussed Cited as authority (rule) Kevin Antoine Herndon v. Commonwealth of Virginia
Va. Ct. App. · 2009 · confidence medium
Instead, we review the totality of the evidence to determine whether it was sufficient to prove an offense.” Bowling v. Commonwealth, 51 Va. App. 102, 107 , 654 S.E.2d 354, 356 (2007) (citing Commonwealth v. Duncan, 267 Va. 377, 385 , 593 S.E.2d 210, 215 (2004)).
discussed Cited as authority (rule) David Lynn Hall, Jr. v. Commonwealth of Virginia
Va. Ct. App. · 2009 · confidence medium
On appeal, we view those facts and incidents “in the light most favorable to the Commonwealth, * Pursuant to Code § 17.1-413, this opinion is not designated for publication. the party prevailing below, giving it all reasonable inferences fairly deducible from the evidence.” Bowling v. Commonwealth, 51 Va. App. 102, 104 , 654 S.E.2d 354, 355 (2007) (citing Ragland v. Commonwealth, 16 Va. App. 913, 915 , 434 S.E.2d 675, 676-77 (1993)).
discussed Cited as authority (rule) Anthony David McDonald v. Commonwealth of Virginia
Va. Ct. App. · 2008 · confidence medium
BACKGROUND “On appeal, we view the evidence in the light most favorable to the Commonwealth, the party prevailing below, giving it all reasonable inferences fairly deducible from the evidence.” Bowling v. Commonwealth, 51 Va. App. 102, 104 , 654 S.E.2d 354, 355 (2007) (citing Ragland v. Commonwealth, 16 Va. App. 913, 915 , 434 S.E.2d 675, 676-77 (1993)).
discussed Cited "see" Dornell Marcus Collins, Jr. v. Commonwealth of Virginia
Va. Ct. App. · 2025 · signal: see · confidence high
See Bowling v. Commonwealth, 51 Va. App. 102, 106 (2007) (defendant’s motion to strike failure to appear charge, which did not contest proof of notice of date of sentencing hearing, barred appellate review of that argument).
discussed Cited "see" Bruce Antoine Roane v. Commonwealth of Virginia
Va. Ct. App. · 2024 · signal: see · confidence high
See generally Bowling v. Commonwealth, 51 Va. App. 102, 106 (2007) (recognizing that admissibility and sufficiency “are two completely separate legal questions, requiring two distinct legal analyses”).
cited Cited "see" Trequan Devonte James v. Commonwealth of Virginia
Va. Ct. App. · 2022 · signal: see · confidence high
See Bowling v. Commonwealth, 51 Va. App. 102, 106 (2007).
discussed Cited "see" Rakale Jones, s/k/a Rakale L. Jones v. Commonwealth of Virginia
Va. Ct. App. · 2020 · signal: see · confidence high
See Bowling v. Commonwealth, 51 Va. App. 102, 106 (2007) (holding that “whether evidence is admissible at trial and whether it is sufficient to prove the charges against an accused are two completely separate legal questions, requiring two distinct legal analyses”).
discussed Cited "see" Morris v. Commonwealth (2×)
Va. Ct. App. · 2011 · signal: see · confidence high
See Bowling v. Commonwealth, 51 Va.App. 102, 107 , 654 S.E.2d 354, 356 (2007) ("[Wjhen we consider the sufficiency of the evidence ... we review the totality of the evidence to determine whether it was sufficient to prove an offense.”).
discussed Cited "see" Jeffery Antwan Reid v. Commonwealth of Virginia (2×)
Va. Ct. App. · 2010 · signal: see · confidence high
See Bowling v. Commonwealth, 51 Va. App. 102, 107 , 654 S.E.2d 354, 356 (2007) (stating that this Court “reviews the totality of the evidence to determine whether it was sufficient to prove” the charged offense).
discussed Cited "see, e.g." Wayne Henderson v. Commonwealth of Virginia
Va. Ct. App. · 2023 · signal: see, e.g. · confidence medium
See, e.g., Bowling v. Commonwealth, 51 Va. App. 102, 106 (2007) (holding that, even though defendant made a motion to strike at the conclusion of the case, because the motion did not argue that the evidence was not sufficient to establish a specific element of the offense, this specific argument was not preserved for appeal).
discussed Cited "see, e.g." Eva Lavonne Stephenson v. Commonwealth of Virginia
Va. Ct. App. · 2022 · signal: see, e.g. · confidence medium
See, e.g., Bowling v. Commonwealth, 51 Va. App. 102, 106 (2007) (holding defendant’s failure to challenge the sufficiency of evidence supporting a specific element of the offense at the motion to strike failed to preserve the issue on appeal). 7 The trial court also expressed reservations regarding whether the proffered report was otherwise admissible because it contained potential hearsay.
discussed Cited "see, e.g." Eva Lavonne Stephenson v. Commonwealth of Virginia
Va. Ct. App. · 2022 · signal: see, e.g. · confidence medium
See, e.g., Bowling v. Commonwealth, 51 Va. App. 102, 106 (2007) (holding defendant’s failure to challenge the sufficiency of evidence supporting a specific element of the offense at the motion to strike failed to preserve the issue on appeal). 7 The trial court also expressed reservations regarding whether the proffered report was otherwise admissible because it contained potential hearsay.
discussed Cited "see, e.g." Andy Chavez v. Commonwealth of Virginia (2×)
Va. Ct. App. · 2018 · signal: see also · confidence low
In order to convict a defendant for felony failure to appear, the Commonwealth is required to prove that he “willfully fail[ed] to appear.” Code § 19.2-128(B); see also Bowling v. Commonwealth, 51 Va. App. 102, 105 , 654 S.E.2d 354, 356 (2007). “‘Willfully,’ as used in Code § 19.2-128(B), has the customary meaning that the act must have been done ‘purposely, intentionally, or designedly.’” Williams v. Commonwealth, 57 Va. App. 750, 763 , 706 S.E.2d 530, 536 (2011) (quoting Hunter, 15 Va. App. at 721 , 427 S.E.2d at 200 ). “[The] correct application [of willfully] in a parti…
discussed Cited "see, e.g." Andy Chavez v. Commonwealth of Virginia (2×)
Va. Ct. App. · 2018 · signal: see also · confidence low
In order to convict a defendant for felony failure to appear, the Commonwealth is required to prove that he “willfully fail[ed] to appear.” Code § 19.2-128(B); see also Bowling v. Commonwealth, 51 Va. App. 102, 105 , 654 S.E.2d 354, 356 (2007). “‘Willfully,’ as used in Code § 19.2-128(B), has the customary meaning that the act must have been done ‘purposely, intentionally, or designedly.’” Williams v. Commonwealth, 57 Va. App. 750, 763 , 706 S.E.2d 530, 536 (2011) (quoting Hunter, 15 Va. App. at 721 , 427 S.E.2d at 200 ). “[The] correct application [of willfully] in a parti…
Curtis Wayne BOWLING, A/K/A Mark A. Wood
v.
COMMONWEALTH of Virginia
2592064.
Court of Appeals of Virginia.
Dec 27, 2007.
654 S.E.2d 354
Helen Randolph, for appellant., Alice T. Armstrong, Assistant Attorney General II (Robert F. McDonnell, Attorney General, on brief), for appellee.
William G. Petty.
Cited by 57 opinions  |  Published
4 passages pin-cited by 3 cases
Pinpoint authority: #27,944 of 633,719
Citer courts: Court of Appeals of Virginia (4)
WILLIAM G. PETTY, Judge.

A jury convicted appellant, Curtis Wayne Bowling, of failure to appear pursuant to Code § 19.2-128. Bowling argues that this conviction should be reversed. He maintains that the evidence in the trial court was insufficient to support the conviction and that the trial court erred in holding that Code § 19.2-128(B) applies to a defendant who has pleaded guilty. For the following reasons, we hold that the trial court did not err in its interpretation of Code § 19.2-128(B). We do not address Bowling’s sufficiency of the evidence argument because it is procedurally defaulted.

I. Background

On appeal, we view the evidence in the light most favorable to the Commonwealth, the party prevailing below, giving it all reasonable inferences fairly deducible from the evidence. Ragland v. Commonwealth, 16 Va.App. 913, 915, 434 S.E.2d 675, 676-77 (1993). On June 23,1988, Bowling was arrested for driving while intoxicated and possession of marijuana with intent to distribute. Bowling was released on bond prior to his trial. On May 11, 1989, Bowling appeared in the trial court along with his attorney and, pursuant to a plea agreement, pleaded guilty to both offenses. [1] The trial court continued the case for sentencing until July 14, 1989, and[*105] ordered “that [Bowling’s] appearance bond ... remain in full force and effect.” [2] Bowling failed to appear on July 14, 1989, and the trial court issued a bench warrant for his arrest.

In 2006, Bowling turned himself in to Arlington County authorities. He was subsequently indicted for this violation of Code § 19.2-128(B). Following a jury trial, he was convicted and sentenced to one year of incarceration. This appeal followed.

II. Analysis

Bowling raises two issues on appeal: whether the evidence was sufficient to prove that he had notice of the sentencing date, and whether the trial court made an error of law by ruling that Code § 19.2-128 applied to a person who had pleaded guilty to a felony offense and was awaiting sentencing.

A. Proof of Notice of the Sentencing Date

In order to convict Bowling under Code § 19.2-128, the Commonwealth was required to prove that his failure to appear was willful. “When the government proves that an accused received timely notice of when and where to appear for trial” and the accused then fails to appear, “the fact finder may infer that the failure to appear was willful.” Hunter v. Commonwealth, 15 Va.App. 717, 721, 427 S.E.2d 197, 200 (1993) (citation omitted). Bowling contends that the evidence was insufficient to prove that he had notice that he was required to appear for sentencing on July 14, 1989; hence, his failure to appear was not willful. Upon review of the record, we have determined that Bowling failed to preserve this argument for the purpose of appeal.

Rule 5A:18 provides, in pertinent part, that “[n]o ruling of the trial court ... will be considered as a basis for reversal unless the objection was stated together with the grounds therefor at the time of the ruling.” Thus, before we may[*106] address an argument on appeal, an accused must present the specific argument to the trial court that he wishes to raise on appeal. See Edwards v. Commonwealth, 41 Va.App. 752, 760, 589 S.E.2d 444, 448 (2003) (en banc) (“Under [Rule 5A:18], a specific argument must be made to the trial court at the appropriate time, or the allegation of error will not be considered on appeal.” (citing Mounce v. Commonwealth, 4 Va.App. 433, 435, 357 S.E.2d 742, 744 (1987))).

Bowling argues that he preserved his sufficiency argument in his motion to strike the evidence at the conclusion of the case. While it is true that an accused may fulfill the requirements of Rule 5A:18 by submitting his sufficiency argument to the court in the form of a motion to strike the evidence, Sabol v. Commonwealth, 37 Va.App. 9, 20, 553 S.E.2d 533, 538 (2001), Bowling’s only argument in support of the motion to strike was that Code § 19.2-128(B) did not apply to him, as discussed in Part B, infra. He never challenged the sufficiency of the evidence to prove that he had notice of the July 14 sentencing date. Thus, we conclude that Bowling did not raise the issue of the sufficiency of the evidence to prove notice as a basis for his motion to strike.

Bowling also argues that he preserved his sufficiency argument by objecting to the admissibility of the June 5 order on the grounds that it did not constitute notice of the sentencing date. We disagree. In Crawley v. Commonwealth, 29 Va.App. 372, 512 S.E.2d 169 (1999), we held that a motion to strike for insufficient evidence did not preserve the issue of the admissibility of evidence for appeal. Id. at 376, 512 S.E.2d at 171. Here we hold that the reverse is also true: an objection to the admissibility of evidence cannot preserve the issue of the sufficiency of the evidence for appeal.

As we discussed in Crawley, whether evidence is admissible at trial and whether it is sufficient to prove the charges against an accused are two completely separate legal questions, requiring two distinct legal analyses. Evidence is admissible upon proof “that it is material—tending to prove a matter ... properly at issue in the case—and relevant, or that[*107] it has any logical tendency, however slight to prove a [matter at] issue.” Id. at 377, 512 S.E.2d at 172 (internal quotation marks and citations omitted). However, “[t]he standard for judging the sufficiency of evidence to prove ... [a] key fact in a criminal case is much higher—the Commonwealth must prove that fact beyond a reasonable doubt.” Id.

Thus, a trial court does not err by admitting evidence that is material and relevant even when that evidence, standing alone, would be insufficient to establish an element of the offense. Id. at 378, 512 S.E.2d at 173. However, when we consider the sufficiency of the evidence we do not consider each piece of evidence in isolation. Instead, we review the totality of the evidence to determine whether it was sufficient to prove an offense. See, e.g., Commonwealth v. Duncan, 267 Va. 377, 385, 593 S.E.2d 210, 215 (2004). There is simply a different legal analysis involved in determining the admissibility of the evidence as opposed to its sufficiency to prove an element of the offense. See Banks v. Mario Indus. of Va., 274 Va. 438, 455, 650 S.E.2d 687, 696 (2007) (“The admissibility of evidence and the sufficiency of evidence are distinct issues. It follows that objections to the admissibility of evidence and the sufficiency of evidence are also distinguishable.”).

B. Code § 19.2-128

Bowling also contends that the trial court erroneously applied Code § 19.2-128(B) in this case. Because the crime for which Bowling was convicted occurred in 1989, we must examine the statute that was in effect at that time. See, e.g., Kitze v. Commonwealth, 23 Va.App. 213, 216, 475 S.E.2d 830, 832 (1996) (discussing the constitutional prohibition on the retroactive application of penal laws). At that time, the statute stated, in pertinent part: “Any person charged with a felony offense who willfully fails to appear before any court as required shall be guilty of a Class 6 felony.” Code § 19.2-128(B). Bowling reasons that, because he had pleaded guilty prior to his failure to appear, he was no longer “charged with a felony offense,” but was rather “convicted of a felony[*108] offense.” [3] Thus, relying on the current statutory language, Bowling concludes that the statute does not apply to him, as he was not released pursuant to Code § 19.2-319 when he failed to appear for sentencing. [4] Bowling therefore maintains that his conviction for failure to appear should be reversed. We disagree, and affirm the conviction.

We review a trial court’s application of a statute de novo. Ainslie v. Inman, 265 Va. 347, 352, 577 S.E.2d 246, 248 (2003). “Although penal statutes are to be strictly construed against the Commonwealth, courts are nevertheless bound by the plain meaning of unambiguous statutory language and may not assign a construction that amounts to holding that the General Assembly did not mean what it actually has stated.” Gunn v. Commonwealth, 272 Va. 580, 587, 637 S.E.2d 324, 327-28 (2006) (internal quotation marks and citations omitted). Moreover, “ ‘the plain, obvious, and rational meaning of a statute is to be preferred over any curious, narrow, or strained construction.’ ” Id. (quoting Turner v. Commonwealth, 226 Va. 456, 459, 309 S.E.2d 337, 338 (1983)).

Essentially, Bowling argues that the statute does not apply to a person who has pleaded guilty and is awaiting sentencing. We disagree. While Bowling had pleaded guilty to the charges of driving while intoxicated and possession with intent to distribute marijuana at the time of his failure to appear, this does not change the fact that he remained a person charged with an offense within the meaning of Code § 19.2-128. To be charged with a crime means that one has been[*109] formally accused of “criminal conduct.” See Black’s Law Dictionary 184 (7th ed. 2000); cf Coles v. Commonwealth, 44 Va.App. 549, 558, 605 S.E.2d 784, 788 (2004) (comparing the term “on a charge of criminal offense” in Code § 18.2-478 with the concept of probable cause). Based on these facts and on “the plain meaning of [the] unambiguous statutory language” of Code § 19.2-128, Gunn, 272 Va. at 587, 637 S.E.2d at 327-28 (citing Turner, 226 Va. at 459, 309 S.E.2d at 338), we hold that a person remains “charged” with an offense after conviction and prior to sentencing. [5]

This conclusion is further supported by well-settled rules of statutory construction. Bowling urges us to construe the word “charged” as a legal status that terminates upon a finding of guilt. However, we are precluded from construing “a statute ... so that it leads to absurd results.” Auer v. Commonwealth, 46 Va.App. 637, 651, 621 S.E.2d 140, 147 (2005); see also Cook v. Commonwealth, 268 Va. 111, 116, 597 S.E.2d 84, 87 (2004) (“[T]he phrase ‘absurd result’ [describes] situations in which the law would be internally inconsistent or otherwise incapable of operation.”). Were we to accept Bowling’s arguments, Title 19.2 would be internally inconsistent. A person awaiting trial on a felony charge would be subject to felony prosecution under Code § 19.2-128 for failing to appear. So too would a person who had been convicted and sentenced but released on bond pending appeal. However, an[*110] individual having the intermediate status of convicted but not yet sentenced could not be prosecuted under Code § 19.2-128.

This anomaly would create a situation in which our trial courts would consistently be exposed to the risk that individuals would simply fail to appear for sentencing because the deterrent of further criminal charges and punishment would be removed. Thus, in the words of the trial judge below, trial courts would “have to lock up [every person who enters a guilty plea] to make sure they’re here” for sentencing—an absurd and inefficient result under our statutory scheme.

III. Conclusion

For the reasons discussed above, we affirm Bowling’s conviction.

Affirmed.

1

. The order reflecting the guilty plea was not entered until June 5, 1989. We note that, in his brief, Bowling refers to this as the July 5, 1989 order. However, this appears to be an error, both because there is no July 5 order in the record and because the June 5 order contains the information regarding the July 14 sentencing date. We assume for the purposes of this opinion that it is the June 5 order to which Bowling refers.

2

. The bail bond form setting out the terms and conditions of Bowling’s release was neither introduced into evidence nor made part of the record.

3

. In attempting to draw a distinction between a person charged with an offense and a person convicted of an offense, Bowling apparently relies on the current language of Code § 19.2-128(B). The statute was amended to its current form in 1999. See 1999 Va. Acts, c. 821. It now reads: "Any person (i) charged with a felony offense or (ii) convicted of a felony offense and execution of sentence is suspended pursuant to § 19.2-319 who willfully fails to appear before any court as required shall be guilty of a Class 6 felony.” However, as noted above, this is not the statute in effect at the time of the offense.

4

. Code § 19.2-319 allows for a person who has been convicted of an offense to be released on bail during the pendency of an appeal.

5

. This interpretation of the statute is also consistent with the use of the term "convicted” in our case law. The word "conviction” may have different meanings in different contexts. See, e.g., Smith v. Commonwealth, 134 Va. 589, 594-97, 113 S.E. 707, 708-10 (1922). However,

where the prior conviction establishes an element of a crime, that is, where the reference is to the ascertainment of guilt in another proceeding in its bearings upon the status or rights of the individual in a subsequent case, ... a "conviction” is ... established [or] a person [is] deemed to have been "convicted” ... [where] it is shown [that the fact finder has rendered a verdict and] that a judgment has been pronounced upon the verdict.

M.G. v. Albemarle County Dep’t of Soc. Servs., 41 Va.App. 170, 185-186, 583 S.E.2d 761, 769 (2003) (quoting Smith, 134 Va. at 598, 113 S.E. at 710) (internal quotation marks omitted).