James Jarmell Jackson v. Commonwealth of Virginia
1457162
| Va. Ct. App. | Aug 8, 2017Background
- On Nov. 19, 2015 a pizza delivery driver was robbed by two masked men; one displayed a gun, took money, phone, keys, and pizzas, and both fled.
- Henrico County officers arrived within minutes; Officer Saunders saw four individuals in black three blocks from the robbery, who fled and were later found hiding in a drainage culvert within a half-mile perimeter.
- Stolen items (the victim’s phone, keys, cash) and a second phone linked to one of the detained men were recovered near where the group was first seen and where they hid.
- The appellant (Jackson) was detained with three companions, found with a ski mask in his pocket, gave inconsistent statements to police (denied knowing the others, evasive about address, minimized the mask), and testified at trial denying participation.
- The trial court rejected Jackson’s credibility, convicted him of robbery and use of a firearm in the commission of a felony, and sentenced him (aggregate 23 years with 20 years suspended).
- The Court of Appeals affirmed the convictions but remanded to correct a clerical error in the sentencing order (misstated case numbers for the two sentences).
Issues
| Issue | Plaintiff's Argument (Commonwealth) | Defendant's Argument (Jackson) | Held |
|---|---|---|---|
| Sufficiency of evidence to prove Jackson was a perpetrator or criminal agent | Circumstantial evidence (flight, proximity to scene, stolen items nearby, mask on person, false statements) establishes he acted as a principal in the second degree | Jackson argued the Commonwealth failed to prove identity; he claimed innocent presence and contested that the item was a ski mask | Affirmed: evidence was sufficient to convict Jackson as a principal in the second degree of robbery and using a firearm in the commission of a felony |
Key Cases Cited
- Cuffee v. Commonwealth, 61 Va. App. 353 (2013) (standard for appellate review of sufficiency of evidence)
- Goode v. Commonwealth, 52 Va. App. 380 (2008) (definition and scope of a principal in the second degree)
- Moseley v. Commonwealth, 799 S.E.2d 683 (2017) (discussion of reasonable-hypothesis principle and burden of proof)
- Muhammad v. Commonwealth, 269 Va. 451 (2005) (principles on presence and assistance by accomplices)
- Rollston v. Commonwealth, 11 Va. App. 535 (1991) (overt act or shared criminal intent required for second-degree principal)