737 S.E.2d 922
Va. Ct. App.2013Background
- Appellant Jayquane D. Perry was convicted by a Norfolk Circuit Court jury of possession of a firearm after having been adjudicated delinquent of a felony-type act, and was sentenced to five years in prison.
- The underlying incident occurred on October 2, 2010, when police encountered Perry in Norfolk during an investigation of narcotics/trespass issues and observed a firearm fall from his clothing as he ran.
- Officers testified the firearm was a Smith & Wesson revolver, loaded with ammunition, and that Perry fled after being chased by law enforcement.
- To prove a prior adjudication of delinquency, the Commonwealth introduced an exhibit labeled as an adjudicatory order from Perry’s JDR court proceeding for a violation of the same statute, indicating a guilty finding and other related notes.
- Perry objected to the admission of the exhibit on the basis that it showed no final conviction and thus did not establish a prior adjudication, but the trial court admitted it as a final adjudication of guilt.
- At trial Perry moved to strike the evidence as insufficient to prove both the prior adjudication of delinquency and that the instrument was a firearm; the trial court denied the motions and the jury returned the conviction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of prior adjudication exhibit | Perry contends the order lacks final disposition and is not a final adjudication. | Commonwealth argues the order shows an adjudication of delinquency and related guilt. | Admission of the adjudication order was not an abuse of discretion. |
| Sufficiency of proof of prior adjudication of delinquency | The Commonwealth failed to prove a final adjudication since disposition was not shown. | The order evidenced an adjudication of delinquency and guilt. | Evidence was sufficient to prove prior adjudication of delinquency. |
| Sufficiency of the firearm element under Code § 18.2-308.2 | The instrument and officers’ testimony did not prove the item was a firearm. | The revolver, its design, and the loaded ammunition sufficed to show a firearm. | The evidence supported that the instrument was a firearm. |
Key Cases Cited
- Palmer v. Commonwealth, 269 Va. 203 (2005) (prior conviction may be proved by any competent evidence; order must show judgment of conviction)
- Armstrong v. Commonwealth, 263 Va. 573 (2002) (firearm needs only to be designed to expel a projectile; operability not required)
- Bell v. Commonwealth, 49 Va. App. 570 (2007) (admissibility of evidence follows abuse-of-discretion standard; relevance required)
- Jackson v. Commonwealth, 267 Va. 666 (2004) (standard of review for sufficiency of evidence; any rational trier of fact may convict)