Sprouse v. Commonwealth

Opinion

BAKER, J.

John Edward Sprouse (appellant) appeals from his bench trial conviction by the Circuit Court of Albemarle County (trial court) for use of a firearm during the commission of a robbery. At trial, appellant pleaded guilty to the robbery. The sole issue presented by this appeal is whether a toy pistol 1 constitutes a “pistol, shotgun, rifle or other firearm” within the meaning of Code § 18.2-53.1. For the reasons that follow, we reverse.

On October 5, 1992, an Albemarle County grand jury returned a bill charging, “On or about July 29, 1992, in the County of Albemarle JOHN EDWARD…