Preston v. Com.
704 S.E.2d 127
| Va. | 2011Background
- Preston was convicted at a bench trial in Martinsville of possession of a firearm after having been adjudicated delinquent of an act that would be a violent felony if committed by an adult.
- The charged five-year mandatory minimum depends on proof that Preston previously was adjudicated delinquent of a violent felony; otherwise, 2–5 years apply.
- Commonwealth relied on juvenile court records showing a prior grand larceny conviction and a four-page juvenile petition/record of proceedings to establish the prior delinquency.
- Two pages signed by a J&DR court judge indicated guilt and probation/community service, but Plea and Findings of Court were blank, leaving the exact nature of the delinquent act unclear.
- Palmer v. Commonwealth requires that a prior conviction record show a judgment of conviction for the specific adjudication; the records here did not clearly do so for a violent felony.
- The Virginia Supreme Court reversed Preston’s conviction for the violent felony adjudication and remanded for sentencing on the lesser offense of a non-violent prior felony.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was there proof Preston was adjudicated delinquent of a violent felony? | Preston | Commonwealth | Insufficient evidence of a violent felony adjudication |
| Do juvenile records prove the precise prior adjudication when pleas/findings are blank? | Preston | Commonwealth | No clear adjudication shown; cannot sustain the violent felony finding |
| May the court convict on a lesser offense when the violent felony predicate is not proven? | Preston | Commonwealth | Yes; conviction can be sustained for a non-violent prior felony |
Key Cases Cited
- Palmer v. Commonwealth, 269 Va. 203 (2005) (prior conviction proof must show a judgment of conviction for the adjudication)
- Overbey v. Commonwealth, 271 Va. 231 (2006) (prior-conviction proof requires clear adjudication information)
- Waller v. Commonwealth, 278 Va. 731 (2009) (Code § 18.2-308.2(A) covers violent and non-violent felony predicates)
- Rawls v. Commonwealth, 272 Va. 334 (2006) (five-year minimum requires proof of violent felony adjudication beyond reasonable doubt)