Chris Durene Harper v. Commonwealth of Virginia, 0319161

Chris D. Harper was convicted in Norfolk Circuit Court of conspiracy, three counts of robbery, three counts of abduction, and six counts of use of a firearm in the commission of a felony; he appealed challenging several convictions for insufficiency of the evidence.
Facts: robbery at a Hooters where two armed men forced employees (two assistant managers, a waitress, and a cook) toward the office, threatened them with a pistol, and took the cash box from the safe.
Co-defendant Nugent testified that Harper acted as the group’s “advisor,” waited in the truck, and later helped divide the stolen money; Sears (an employee) aided by calling when the trash was out.
Trial and appellate dispute focused on whether separate abductions occurred (movement beyond incidental restraint) and whether each underlying offense supported a related firearm-use conviction.
Commonwealth conceded one abduction and its related firearm-use conviction should be reversed; appellate court accepted that concession but affirmed the remaining convictions.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of evidence for multiple abductions	Commonwealth: multiple employees were forcibly moved/controlled, supporting separate abductions	Harper: only the waitress was abducted; movement of managers was incidental to robbery	Affirmed two abduction convictions (waitress and cook); one abduction reversed by concession
Whether movement of managers constituted abduction	Commonwealth: managers subjected to intimidation; argued abduction for each employee	Harper: movement within office was incidental to robbery, not separate abduction	Movement of managers held incidental; not separate abductions
Sufficiency of evidence for three robberies	Commonwealth: each employee was robbed by violence/intimidation; robbery of each employee proven	Harper: challenged robbery of waitress (argued she lacked custody of funds)	Affirmed three robbery convictions; appellate court did not reach Harper’s late-raised argument and found waitress’s employee status sufficient
Number of firearm-in-commission counts	Commonwealth: one firearm count applies to each underlying felony (three robberies + two abductions)	Harper: fewer underlying felonies, so fewer firearm counts required	Affirmed six firearm convictions except those tied to the conceded abduction (one abduction + its firearm count reversed)

Whitehurst v. Commonwealth, 63 Va. App. 132 (presumption of correctness for trial court findings)
Kelly v. Commonwealth, 41 Va. App. 250 (standard for reversing factual findings)
Davis v. Commonwealth, 39 Va. App. 96 (appellate review of sufficiency of evidence)
Wiggins v. Commonwealth, 47 Va. App. 173 (movement incidental to robbery does not constitute separate abduction)
Barnes v. Commonwealth, 234 Va. 130 (abduction to facilitate robbery supports abduction-with-intent-to-extort charge)
Johnson v. Commonwealth, 215 Va. 495 (employee’s right to company money is superior to robber’s; supports robbery of employee)
Sullivan v. Commonwealth, 16 Va. App. 844 (violence/intimidation against multiple employees can constitute separate robberies)
Roseborough v. Commonwealth, 55 Va. App. 653 (appellate limits on issues not granted review)
Epps v. Commonwealth, 47 Va. App. 687 (court not bound by parties’ concessions of law)
Edwards v. Commonwealth, 41 Va. App. 752 (preservation rule for appellate review of issues)
Hoyt v. Commonwealth, 44 Va. App. 489 (indictment specificity and amendment considerations)