Howard Allen Groffel v. Commonwealth of Virginia
70 Va. App. 681
| Va. Ct. App. | 2019Background
- Appellant Howard Groffel escaped custody and, when recaptured the same night, had a revolver strapped to his ankle.
- At the time he was subject to five separate protective orders: three obtained by adult petitioners and two entered to protect his two children.
- While jailed, Groffel asked a neighbor to move items from his shed; the neighbor found an AK-47, a 12‑gauge pump shotgun, various ammunition (including .30‑30 rounds), and reported them to police.
- Commonwealth charged Groffel with five counts of transporting a firearm while subject to a protective order (Code § 18.2‑308.1:4(A)) and two counts under Code § 18.2‑308.2 for possession of a firearm or ammunition after a felony conviction; some related charges were nolle prossed or not before the Court.
- Trial court convicted on the five protective‑order transport counts and the two felon‑possession counts; total sentence aggregated to 15 years (6 suspended).
- On appeal Groffel argued the multiple convictions and sentences violated double jeopardy (multiple punishments for the same offense).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether separate transport convictions under Code § 18.2‑308.1:4(A) for a single act while multiple protective orders are in effect violate double jeopardy | Groffel: single act of transporting one firearm is one offense; multiple convictions impermissible | Commonwealth: each protective order protects a distinct principal; transporting while each order is in effect creates separate offenses | Affirmed: each protective order creates a separate unit of prosecution; five convictions/sentences upheld |
| Whether simultaneous possession of firearms and separate ammunition under Code § 18.2‑308.2 permits multiple convictions | Groffel: possession of firearm and ammunition at same time is one offense; multiple convictions violate double jeopardy | Commonwealth: different items (ammunition not matching guns) justify separate charges | Reversed in part: simultaneous possession of firearm and ammunition constitutes a single offense under § 18.2‑308.2; trial court must allow Commonwealth to elect one conviction and vacate the other |
Key Cases Cited
- Severance v. Commonwealth, 295 Va. 564 (discusses double jeopardy protection against multiple punishments)
- Gregg v. Commonwealth, 295 Va. 293 (standard for reviewing multiple punishments and remedy of election/vacatur)
- Baker v. Commonwealth, 284 Va. 572 (analyzes gravamen/unit of prosecution for § 18.2‑308.2)
- Johnson v. Commonwealth, 292 Va. 738 (interpretation of statutory phrasing affecting unit of prosecution)
- Acey v. Commonwealth, 29 Va. App. 240 (possession by felon: number of weapons at one time is one offense)
- United States v. Dunford, 148 F.3d 385 (possession statutes: single offense despite multiple disqualifying categories)