SMITH v. COM.

Record No. 0197-12-2.

739 S.E.2d 280 (2013)

61 Va. App. 690

Dijon Allen SMITH v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Richmond.

April 2, 2013.


Attorney(s) appearing for the Case

Joan J. Burroughs , Assistant Public Defender, for appellant.

Donald E. Jeffrey, III , Senior Assistant Attorney General ( Kenneth T. Cuccinelli, II , Attorney General, on brief), for appellee.

Present: FELTON, C.J., and ELDER and PETTY, JJ.


ELDER, Judge.

Dijon Allen Smith (appellant) was convicted in a jury trial for burglary in violation of Code § 18.2-90 and using a firearm in the commission of that offense in violation of Code § 18.2-53.1. On appeal, he contends the burglary was complete before he used or displayed the gun and, thus, that the evidence fails to support his conviction for using a firearm in the commission of burglary. We hold the evidence, viewed in the light most favorable...

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