BRANCH v. COM.

Record No. 2784-02-2.

593 S.E.2d 835 (2004)

42 Va. App. 665

Dwayne Earl BRANCH v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Richmond.

March 23, 2004.


Attorney(s) appearing for the Case

Randy B. Rowlett (Gordon, Dodson & Gordon, on brief), Chesterfield, for appellant.

Steven A. Witmer, Assistant Attorney General (Jerry W. Kilgore, Attorney General, on brief), for appellee.

Present: ANNUNZIATA, HUMPHREYS and McCLANAHAN, JJ.


HUMPHREYS, Judge.

Dwayne Earl Branch appeals his conviction, after a bench trial, for possession of a firearm after having been convicted of a felony, in violation of Code § 18.2-308.2. Branch argues the trial court erred for two reasons in finding the evidence sufficient, as a matter of law, to support the conviction. First, because the Commonwealth failed to prove that he intended to violate the statute. Second, because Branch had the right to "rely upon the...

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