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Criminal – Felon In Possession – Dominion & Control 

Although defendant contends he never held or fired the shotgun found next to him in the car when police stopped him, there was sufficient evidence that the gun was under his dominion and control to convict him of possession of the firearm as a convicted felon, and the Court of Appeals upholds his conviction under Va. Code § 18.2-308.2.

The shotgun was found resting against defendant’s leg in the vehicle. His proximity to the weapon was one factor probative of possession. The evidence also showed that police were called to defendant’s house earlier in the day, based on reports of shots fired outside the residence. Spent shell casings, which appeared new, were found in defendant’s backyard. Significantly, defendant admitted to owning the jacket found in the vehicle, that contained 12-gauge shotgun ammunition.

Conviction affirmed.

Reynolds v. Commonwealth (Alston, J.) No. 1168-08-2, Dec. 29, 2009; Caroline County Cir.Ct. (Taliaferro) James F. Sumper for appellant; Jennifer C. Williamson, AAG, for appellee. VLW 009-7-559(UP), 7 pp.

VLW 009-7-559

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