Startin v. Com.
706 S.E.2d 873
| Va. | 2011Background
- Startin robbed two Fairfax County pharmacies, displaying an object appearing to be a black .45 handgun to obtain oxycodone.
- The weapon used in robberies was a commemorative John Wayne Replica .45 handgun; it lacked a firing mechanism.
- Trial court convicted Startin of two counts of use or display of a firearm in the commission of a felony under Code § 18.2-53.1; sentence imposed.
- Court of Appeals affirmed, holding that the replica gave the appearance of a firearm and could instill fear, satisfying § 18.2-53.1.
- Virginia Supreme Court reviews de novo statutory construction and sufficiency of the evidence for the use/display of a firearm under § 18.2-53.1.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does a replica firearm satisfy § 18.2-53.1? | Startin argues replica is not a firearm under the statute. | Commonwealth contends replica fits broad 'firearm' scope including appearance. | Yes; replica qualifies under a broad construction. |
| Is evidence sufficient to convict for use/display given appearance but no firing capability? | Startin asserts no actual firearm; appearance alone insufficient. | Commonwealth contends appearance of firing capability suffices to deter fear and support conviction. | Sufficient; appearance and capability to evoke fear meet § 18.2-53.1. |
| What is the proper interpretation of § 18.2-53.1 in relation to other firearms statutes? | N/A | N/A | Court adopts broad construction for § 18.2-53.1, consistent with Holloman and Armstrong. |
Key Cases Cited
- Holloman v. Commonwealth, 221 Va. 196 (1980) (dual objectives: actual firearm or appearance thereof to deter fear)
- Yarborough v. Commonwealth, 247 Va. 215 (1994) (mere suspicion of possessing a firearm insufficient for § 18.2-53.1)
- Armstrong v. Commonwealth, 263 Va. 573 (2002) (broad vs. narrow firearm definitions across statutes)
- Department of Motor Vehicles v. Athey, 261 Va. 385 (2001) (strict construction against the State for penal statutes)
- Johnson v. Commonwealth, 209 Va. 291 (1968) (operations of displaying firearms in attempted robbery)
- Thomas v. Commonwealth, 25 Va.App. 681 (1997) (appearance-based firearm interpretation)