Steven Lee Hodges v. Commonwealth of Virginia
64 Va. App. 687
| Va. Ct. App. | 2015Background
- Hodges was convicted in a bench trial of driving while his license was suspended (Code 46.2-301) and of misdemeanor possession of a concealed weapon (Code 18.2-308).
- A DMV driving history printout showed prior suspension with notice “BY LAW ENFORCEMENT” before December 5, 2013 and certified by the DMV Commissioner under Code 46.2-416.
- The December 5, 2013 incident involved a Federal Park Service officer finding Hodges asleep in a vehicle with the engine running and a handgun in the center console.
- The handgun was not accompanied by a permit; Hodges challenged the sufficiency of the DMV notice for the suspension and the applicability of a statutory exception to the concealed weapons ban.
- The trial court convicted Hodges on both counts; on appeal, the Commonwealth argues the evidence supports both convictions while Hodges argues the weapon exception should apply.
- The appellate court affirms the driving-suspension conviction but reverses and dismisses the concealed-weapon conviction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is the driving-on-suspended-license conviction supportable by the DMV record as prima facie notice? | Hodges argues the DMV transcript alone does not prove actual notice. | Commonwealth relies on Code 46.2-416(A) prima facie evidence from the driving record. | Yes; record constitutes prima facie notice and supports guilt. |
| Does the handgun in the console fall within Code 18.2-308(C)(10) secured-container exception? | Hodges contends the weapon is secured in a container, so the exception applies. | Commonwealth argues the gun was not secured because the trial court found it readily accessible. | No; burden lies with Commonwealth to show not secured, and record shows insufficient securing, so conviction reversed and dismissed. |
Key Cases Cited
- Bibb v. Commonwealth, 212 Va. 249 (1971) (establishes notice sufficiency in suspended-license context)
- Bishop v. Commonwealth, 275 Va. 9 (2008) (driving record ambiguity on habitual-offender status not sufficient evidence)
- Leith v. Commonwealth, 17 Va. App. 620 (1994) (center-console handgun not per se secured under pre-2010 rule)
- Doulgerakis v. Commonwealth, 61 Va. App. 417 (2013) (defines secured for 18.2-308(C)(10) post-2010 interpretation)
- Mayhew v. Commonwealth, 20 Va. App. 484 (1995) (framework for burden of persuasion in statutory-exception analysis)
- Foley v. Commonwealth, 63 Va. App. 186 (2014) (burden-shifting and analysis of statutory defenses in 18.2-308 context)