Rowland v. Com.
707 S.E.2d 331
Va.2011Background
- Rowland was convicted in a bench trial of two robberies, two counts of use of a firearm in a robbery, statutory burglary, and one count of use of a firearm in a burglary; sentence totaled 73 years with 60 suspended, five years for the burglary firearm use.
- Appellate history: Court of Appeals affirmed the use-of-firearm-in-burglary conviction in an unpublished opinion; Supreme Court granted review.
- Event: On October 4, 2008, at a restaurant, Rowland confronted Luong with a gun and directed Chan to place cash into a bag; Rowland fled with the bag through the back door.
- Key issue: Whether the burglary was completed before Rowland used or displayed the firearm, making the firearm-use statute inapplicable.
- Legal question framed around whether burglary is completed at entry or upon vacating the premises, and whether “while” in § 18.2-53.1 requires firearm use during the burglary or can include post-entry actions.
- Conclusion sought: Reversal of the firearm-use conviction and dismissal of the indictment if burglary was complete before firearm use.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does use of a firearm during burglary require it to occur during the burglary as defined by statute? | Rowland: burglary complete before firearm; 'while' means during, not after. | Commonwealth: burglary not complete until the underlying crime is completed in fact; firearm may be used during burglary. | Burglary complete before firearm use; conviction cannot stand. |
Key Cases Cited
- Falden v. Commonwealth, 167 Va. 542 (Va. 1937) (burglary complete when elements of crime are met)
- Creasy v. Commonwealth, 9 Va.App. 470 (Va. App. 1990) (statute applies to conduct until underlying crime completed in fact)
- Jay v. Commonwealth, 275 Va. 510 (Va. 2008) (uses of firearm during commission conflated with during)
- Walker v. Commonwealth, 272 Va. 511 (Va. 2006) (convictions for use of firearm during certain crimes)
- Harward v. Commonwealth, 229 Va. 363 (Va. 1985) (during vs before/after distinction in statutory analysis)
- Franklin v. Commonwealth, 28 Va.App. 719 (Va. App. 1998) (entry defines burglary completion)