Hall v. Commonwealth (P)

The trial court didn’t err in refusing to dismiss the defendant’s indictment for possession of a firearm by a convicted felon. Her voluntary decision to request that charges against her be severed benefited her because it kept the Commonwealth from introducing evidence of earlier felony convictions in the first trial. Since the severance was at her election, as in Currier v. Virginia, she was not subject to any prosecutorial overreaching or abuse that the Double Jeopardy Clause was intended to prevent.

Evidence also was sufficient to convict. Although the defendant claimed not to live at the residence where the firearm was found, she kept multiple vehicles at the address, she reported the address to the DMV, and she was alone at the residence a week before the search warrant was executed – and was also there very early in the morning on the day it was executed. She also kept numerous personal items in the bedroom where the firearm was found in plain view.

Conviction affirmed.

Hall v. Commonwealth (P), No. 1751-17-3, Nov. 6, 2018. CAV (Beales) from Pittsylvania (Moreau).



Categories: Court of Appeals of Virginia, Opinions, Published

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