Abraham v. Commonwealth

526 S.E.2d 277, 32 Va. App. 22, 2000 Va. App. LEXIS 194
CourtCourt of Appeals of Virginia
DecidedMarch 21, 2000
Docket2272984
StatusPublished
Cited by9 cases

This text of 526 S.E.2d 277 (Abraham v. Commonwealth) is published on Counsel Stack Legal Research, covering Court of Appeals of Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Abraham v. Commonwealth, 526 S.E.2d 277, 32 Va. App. 22, 2000 Va. App. LEXIS 194 (Va. Ct. App. 2000).

Opinion

WILLIS, Judge.

On appeal from his convictions of robbery, in violation of Code § 18.2-58; abduction, in violation of Code § 18.2-48; carjacking, in violation of Code § 18.2-58.1; and capital murder, in violation of Code § 18.2-31, Alan Kenneth Abraham contends (1) that the evidence was insufficient to support the convictions, (2) that the trial court erred in refusing to instruct the jury on voluntary manslaughter, (3) that the trial court erred in refusing a proffered jury instruction on voluntary intoxication, and (4) that the trial court erred in denying his motion to exclude certain witnesses summoned by the Commonwealth in violation of Code § 19.2-267. Finding no error, we affirm the judgment of the trial court.

I. Facts

“On appeal, we review the evidence in the light most favorable to the Commonwealth, granting to it all reasonable inferences fairly deducible therefrom.” Martin v. Commonwealth, 4 Va.App. 438, 443, 358 S.E.2d 415, 418 (1987).

*26 In May 1997, Abraham and the victim, Joe Allen, lived in the home of Val Ensor. Allen was a drug dealer and had sold drugs to Abraham. For several days prior to the murder, Allen had demanded money owed him by Abraham and Abraham had made excuses for not paying. On May 20, 1997, Abraham drove to a credit union, ostensibly to get the money. Allen followed in his own vehicle.

In fact, Abraham had no account at the credit union. While Allen waited in the parking lot, Abraham entered the back seat of Allen’s car. He began striking Allen with a metal rod. Witnesses attempted to stop the attack, but Abraham pushed Allen into the passenger seat of the car, jumped into the front seat, and drove away. A few minutes later, he pulled into a cul-de-sac and parked the car in front of some townhouses.

One of the townhouse residents saw Abraham get out of the car and walk away. Allen attempted unsuccessfully to exit the vehicle. The resident approached the vehicle, but Abraham returned and said he was taking Allen to the hospital. The resident testified that Abraham wore a red vest, which belonged to Allen. As Abraham drove away, another resident saw him again striking Allen with the metal rod.

Robert Ray, who had observed the beating in the cul-de-sac, followed Abraham. Abraham drove to another courtyard, where he got out of the car, grabbed something from the back seat, and ran away. Allen was taken to the hospital, where he subsequently died as a result of the beating.

After running from the car, Abraham broke into a home and stole some clothing. He abandoned Allen’s vest in a shed and hid his own clothes under a deck. Abraham then called a friend to pick him up and take him to Ronald Cameron’s house. That night, unbeknownst to Cameron, Abraham slept in Cameron’s recreational vehicle. The next day, Abraham returned home, where he was arrested.

The jury convicted Abraham of robbery, carjacking, abduction, and capital murder, and he was sentenced to life imprisonment for the murder, plus sixty years suspended for the other crimes.

*27 II. Sufficiency of the Evidence (Robbery, Carjacking, Abduction)

Abraham contends that the evidence was insufficient to support his convictions of robbery, carjacking, and abduction. He argues that the Commonwealth failed to prove that he had the requisite intent to commit these crimes.

“A conviction for robbery requires proof beyond a reasonable doubt that the defendant ... took property from the victim by force, threats, or violence, and that the intent to steal co-existed with the act of force.” Pugliese v. Commonwealth, 16 Va.App. 82, 92, 428 S.E.2d 16, 24 (1993). A conviction for abduction in connection with a robbery requires proof of a detention “greater than the restraint that is intrinsic in a robbery.” Cardwell v. Commonwealth, 248 Va. 501, 511, 450 S.E.2d 146, 152 (1994). “[T]he carjacking provision is ... confined by the same limitations which apply to robbery. Thus, the requisite violence or intimidation must precede or be concomitant with the taking.” Bell v. Commonwealth, 21 Va.App. 693, 701, 467 S.E.2d 289, 293 (1996).

“Intent in fact is the purpose formed in a person’s mind, which may be shown by the circumstances surrounding the offense, including the person’s conduct and his statements.” Nobles v. Commonwealth, 218 Va. 548, 551, 238 S.E.2d 808, 810 (1977). “Intent may, and often must, be proven by circumstantial evidence and the reasonable inferences to be drawn from proven facts are within the province of the trier of fact.” Fleming v. Commonwealth, 13 Va.App. 349, 353, 412 S.E.2d 180, 183 (1991).

Abraham beat Allen and thereafter took Allen’s vest. He knew that Allen wore the vest when conducting drug deals and that it often contained drugs or cash. Abraham took Allen’s car after beating and subduing Allen. The scope and duration of Allen’s detention clearly exceeded what was necessary to commit the robbery of his personal property and the theft of his car. Abraham continued to attack Allen after committing the robbery, after abducting Allen, and after taking the car.

*28 Thus, the record supports the jury’s finding that Abraham acted with the requisite intent in committing robbery, abduction, and carjacking.

III. Sufficiency of the Evidence (Capital Murder)

Abraham next contends that the evidence was insufficient to support his conviction of capital murder. He argues that he was not properly convicted of any prédicate offense that would sustain the conviction. Code § 18.2-31 states, in relevant part:

The following offenses shall constitute capital murder, punishable as a Class 1 felony:
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4. The willful, deliberate, and premeditated killing of any person in the commission of robbery or attempted robbery....

Id. Abraham was convicted of both abduction and robbery, and we affirm those convictions. Thus, because he was guilty of the requisite predicate offenses, the evidence was sufficient to support the capital murder conviction.

IV. Voluntary Manslaughter Instruction

Abraham contends that the trial court erred in refusing to instruct the jury on the elements of voluntary manslaughter. He argues that such an instruction was warranted because he initially attacked Allen only after Allen threatened him. However, Abraham continued to attack and beat Allen long after the initial blows, after he took Allen’s property, after he abducted Allen, and after his attack rendered Allen helpless.

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Bluebook (online)
526 S.E.2d 277, 32 Va. App. 22, 2000 Va. App. LEXIS 194, Counsel Stack Legal Research, https://law.counselstack.com/opinion/abraham-v-commonwealth-vactapp-2000.