Commonwealth v. Thomas

Virginia Circuit Court

Commonwealth v. Thomas

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

Virginia Circuit Court·Decided October 17, 1988·Published

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).

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

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