There was sufficient evidence to support appellant’s convictions of shooting a firearm at an occupied building and of possession of a firearm by a convicted felon. Possession “In Lambert’s first assignment of error, he contends that ‘the trial judge erred ...

Tagged with: Criminal Judge Randolph A. Beales Virginia Court of Appeals

Where appellant was convicted of DUI, third conviction in five years, his second conviction can be used as a predicate offense even though the conviction was pending on appeal. A conviction pending on appeal is a final judgment. Further, an ...

Tagged with: Criminal Judge Randolph A. Beales Virginia Court of Appeals

Where police entered a motel room without a search warrant because they believed an occupant had overdosed on drugs, the trial court correctly suppressed evidence found in the room after determining the emergency aid exception did not justify the warrantless ...

Tagged with: Criminal Judge Randolph A. Beales Virginia Court of Appeals

The trial court did not abuse its discretion by revoking appellant’s suspended sentences for violating his probation. But the court miscalculated the length of his active sentence. A remand for the correct calculation is necessary. Overview Bailey pleaded guilty to ...

Tagged with: Criminal Judge Randolph A. Beales Virginia Court of Appeals

Where appellant was convicted of maiming livestock, conspiracy to do the same and a firearm offense, there was sufficient evidence to uphold the convictions. The statute “Code § 18.2-144 provides, in relevant part, ‘Except as otherwise provided for by law, ...

Tagged with: Criminal Judge Randolph A. Beales Virginia Court of Appeals

Where appellant entered a conditional guilty plea to petit larceny, third or substantive offense, his argument that his offense should not have been treated as a felony is not well-taken. A statute that took effect after the offense, which repealed ...

Tagged with: Criminal Judge Randolph A. Beales Virginia Court of Appeals

Where appellant was convicted of maiming livestock and conspiracy to do the same, his defense that he had the owner’s permission is not well-taken. The statute “Code § 18.2-144 provides, in relevant part, ‘Except as otherwise provided for by law, ...

Tagged with: Criminal Judge Randolph A. Beales Virginia Court of Appeals

Where police stopped appellant because he was out after a curfew imposed in connection with a city’s declaration of a state of emergency, drugs found in the vehicle were admissible evidence. Appellant’s argument that the stop was invalid because he ...

Tagged with: Criminal Judge Randolph A. Beales Virginia Court of Appeals

The trial court correctly granted appellant’s motion in limine to exclude evidence of unadjudicated bad acts in Warren County and Henrico County but correctly denied that part of the motion to exclude evidence of a similar robbery in Spotsylvania County ...

Tagged with: Criminal Judge Randolph A. Beales Virginia Court of Appeals

Where appellant argued that she timely noted her circuit court appeal of her misdemeanor conviction on the basis of a judge’s notation on her motion to reconsider filed in the general district court, she waived this issue when she failed ...

Tagged with: Criminal Judge Randolph A. Beales Virginia Court of Appeals