Flythe v. Commonwealth

This appeal by Elvin Flythe involves the applicability of the enhanced punishment provisions of Code § 18.2-53.1. The defendant was tried in the lower court upon two indictments charging him with attempted murder and two indictments charging him with the use of a firearm in each of the attempts. Tried on all four indictments in the same proceeding, Flythe was convicted of all charges, sentenced to two two-year terms of imprisonment for the attempted murders, and to terms of one year and three years, respectively, for the use of a firearm in the attempts to murder.

On the morning of November…