Lynn Graham v. Commonwealth ( 2003 )

COURT OF APPEALS OF VIRGINIA
Present: Judges Elder, Felton and Senior Judge Willis
LYNN GRAHAM
MEMORANDUM OPINION*
v. Record No. 2066-02-3 PER CURIAM
MAY 13, 2003
COMMONWEALTH OF VIRGINIA
FROM THE CIRCUIT COURT OF THE CITY OF STAUNTON
Humes J. Franklin, Jr., Judge
(Richard C. Erickson, on brief), for
appellant.
(Jeffrey D. Gaines, Assistant Commonwealth's
Attorney, on brief), for appellee.
Appellant was involuntarily committed under Code
§ 37.1-67.3. She appeals from an order of the circuit court
directing that she undergo certain treatment. On appeal, she
contends (1) a separate proceeding under Code § 37.1-134.21 is
authorized and should be required, when applicable, following an
involuntary commitment, and (2) her due process rights were
violated because the evidence was insufficient to justify the
use of forced medication where the Commonwealth failed to prove
there was an overriding State interest to be vindicated and
there was no documentation to support the medical decision in
this case. Upon reviewing the record and briefs of the parties,
* Pursuant to Code § 17.1-413, this opinion is not
designated for publication.
we conclude that this appeal is without merit. Accordingly, we
summarily affirm the decision of the trial court. See Rule
5A:27.
The record contains a written statement of facts rather
than a transcript of the proceedings in the trial court. The
record does not establish that appellant raised her appellate
arguments before the trial court. "The Court of Appeals will
not consider an argument on appeal which was not presented to
the trial court." Ohree v. Commonwealth, 26 Va. App. 299, 308,
494 S.E.2d 484, 488 (1998). See Rule 5A:18. Accordingly,
Rule 5A:18 bars our consideration of these questions on appeal.
Moreover, the record does not reflect any reason to invoke the
good cause or ends of justice exceptions to Rule 5A:18.
Affirmed.
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