Commonwealth v. Thomas

Virginia Circuit Court

Commonwealth v. Thomas

13 Va. Cir. 382, 1988 Va. Cir. LEXIS 398

DecidedOctober 17, 1988

StatusPublished

This text of 13 Va. Cir. 382 (Commonwealth v. Thomas) is published on Counsel Stack Legal Research, covering Virginia Circuit Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Commonwealth v. Thomas, 13 Va. Cir. 382, 1988 Va. Cir. LEXIS 398 (Va. Super. Ct. 1988).

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Opinion

By JUDGE LEONARD B. SACHS

After considering the matter, I have concluded that the statute which deals with the use of a firearm in the commission of a robbery necessarily includes a sawed-off shotgun, which is a "firearm."

By definition (Section 18.2-299 (2)) a "crime of violence" includes robbery by statutory definition.

Accordingly, the court would hold that there would be a double jeopardy violation if the defendant were to be prosecuted upon or convicted under both sections of the Code (Section 18.2-53.1 and Section 18.2-300).

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By JUDGE LEONARD B. SACHS

After considering the matter, I have concluded that the statute which deals with the use of a firearm in the commission of a robbery necessarily includes a sawed-off shotgun, which is a "firearm."

By definition (Section 18.2-299 (2)) a "crime of violence" includes robbery by statutory definition.

Accordingly, the court would hold that there would be a double jeopardy violation if the defendant were to be prosecuted upon or convicted under both sections of the Code (Section 18.2-53.1 and Section 18.2-300).

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Bluebook (online)

13 Va. Cir. 382, 1988 Va. Cir. LEXIS 398, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-thomas-vacc-1988.