Smith v. Commonwealth

692 S.E.2d 265 (2010)

56 Va. App. 166

Russell Ernest SMITH

v.

COMMONWEALTH of Virginia.

Record No. 0364-09-1.

Court of Appeals of Virginia, Chesapeake.

April 27, 2010.

Steven B. Novey (Novey and Tomko Law Firm, on brief), for appellant.

John W. Blanton, Assistant Attorney General (William C. Mims, Attorney General, on brief), for appellee.

Present: KELSEY, HALEY, JJ. and BUMGARDNER, Senior Judge.

KELSEY, Judge.

The trial court found Russell Ernest Smith guilty of making a "false statement" on a firearm purchase form in violation of Code § 18.2-308.2:2. On appeal, Smith admits his statement was false but…