section 18.2-53.1 s conviction (Virginia) · Go Syfert
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section 18.2-53.1 s conviction in Virginia

10 Virginia opinions name it 1 courts 1996–2023 2 in the last five years

The cases below were cited by Virginia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (5)

CaseFollowedCited
Yarborough v. Commonwealthgreen
va · 1994 · cited in 3 Virginia opinions naming this issue, 1996–2004
2 sentences

2004In order to support Breeden’s conviction under Code § 18.2-53.1, the Commonwealth had to prove Breeden “actually had a firearm in his possession and that he used or attempted to use the firearm or displayed the firearm in a threatening manner while committing or attempting to commit [rape].” Yarborough v. Commonwealth, 247 Va. 215, 218 , 441 S.E.2d 342, 344 (1994). *181 As noted above, the record reveals that Breeden was holding the gun the entire time.

2004In order to support Breeden’s conviction under Code § 18.2-53.1, the Commonwealth had to prove Breeden “actually had a firearm in his possession and that he used or attempted to use the firearm or displayed the firearm in a threatening manner while committing or attempting to commit [rape].” Yarborough v. Commonwealth, 247 Va. 215, 218 , 441 S.E.2d 342, 344 (1994). *181 As noted above, the record reveals that Breeden was holding the gun the entire time.

33
Bullock v. Commonwealthgreen
vactapp · 2006 · cited in 2 Virginia opinions naming this issue, 2012–2023
2 sentences

2023Bullock v. Commonwealth, 48 Va. App. 359, 377-78 (2006).

2012Id. at 377-78, 631 S.E.2d at 343 (emphasis added).

22
Rowland v. Com.green
va · 2011 · cited in 1 Virginia opinions naming this issue, 2012–2012
2 sentences

2012“As relevant to this case, Code § 18.2-53.1 requires that the defendant use, attempt to use, or display in a threatening manner a firearm while committing burglary.” Rowland v. Commonwealth, 281 Va. 396, 400-01 , 707 S.E.2d 331, 333 (2011).

2012“As relevant to this case, Code § 18.2-53.1 requires that the defendant use, attempt to use, or display in a threatening manner a firearm while committing burglary.” Rowland v. Commonwealth, 281 Va. 396, 400-01 , 707 S.E.2d 331, 333 (2011).

11
Davis v. Beasley Timber Co., Inc.green
gactapp · 1999 · cited in 1 Virginia opinions naming this issue, 2006–2006
1 sentence

2006See generally Hopson v. Commonwealth, 15 Va. App. 749, 752-53 , 527 S.E.2d 221, 223 (1993) (holding that where the “evidence did not prove the underlying felony, the firearm conviction cannot stand”). -9-

11
Hopson v. Commonwealthgreen
vactapp · 1993 · cited in 1 Virginia opinions naming this issue, 2006–2006
1 sentence

2006See generally Hopson v. Commonwealth, 15 Va. App. 749, 752-53 , 527 S.E.2d 221, 223 (1993) (holding that where the “evidence did not prove the underlying felony, the firearm conviction cannot stand”). -9-

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Virginia. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
Kimberly Paul Barney v. Commonwealth of Virginia green
vactapp · 2019
1 sentence

2021There the Court held that the evidence was sufficient to support appellant’s initial two convictions under Code § 18.2-53.1. 69 Va. App. at 616 .

12021–2021
Powell v. Com. green
va · 2004
2 sentences

2011In Powell v. Commonwealth, 268 Va. 233 , 602 S.E.2d 119 (2004), no firearm was displayed or seen by the victims, yet Powell informed them he had a pistol in his pocket, kept his hand in his pocket, and threatened to hurt the victims if they did not cooperate.

2011In Powell v. Commonwealth, 268 Va. 233 , 602 S.E.2d 119 (2004), no firearm was displayed or seen by the victims, yet Powell informed them he had a pistol in his pocket, kept his hand in his pocket, and threatened to hurt the victims if they did not cooperate.

12011–2011
Miller v. Commonwealth green
vactapp · 1996
2 sentences

2006In Miller v. Commonwealth, 22 Va. App. 497 , 471 S.E.2d 780 (1996), we reviewed a sentence imposed upon a defendant who had been convicted as a second or subsequent offender, pursuant to Code § 18.2-53.1.

2006In Miller v. Commonwealth, 22 Va. App. 497 , 471 S.E.2d 780 (1996), we reviewed a sentence imposed upon a defendant who had been convicted as a second or subsequent offender, pursuant to Code § 18.2-53.1.

12006–2006

Statutes the citing opinions construe

VA § Va. Code Ann. § 18.2-53.1 (10) VA § Va. Code Ann. § 17.1-413 (4) VA § Va. Code Ann. § 18.2-91 (4) VA § Va. Code Ann. § 18.2-51 (3) VA § Va. Code Ann. § 18.2-58.1 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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