Benjamine Leonard Foley, II v. Commonwealth of Virginia

HUMPHREYS, Judge.

Benjamine Leonard Foley, II, (“Foley”) appeals his conviction for carrying a concealed weapon in violation of Code § 18.2-308(A) by the Roanoke County Circuit Court (the “trial court”). Foley’s single assignment of error is that the “trial court erred when it found the easement over Foley’s property was excluded from being considered part of the curtilage of his dwelling,” and therefore Foley could not avail himself of the exception provided in Code § 18.2-308(B).

I. Background

“On appeal, we view the facts established at trial in the ‘light most favorable’ to the prevailing…