Mouberry v. Commonwealth

KELSEY, Judge.

On August 28, 2001, a jury convicted the appellant, Thomas Clinton Mouberry, of possessing a firearm after having been convicted of a felony in violation of Code § 18.2-308.2(A). The trial judge instructed the jury on the mandatory two-year minimum sentence prescribed by Code § 18.2-308.2(A), and the jury fixed Mouberry’s punishment at two years in prison.

Mouberry contends that the trial judge erred by instructing the jury on the mandatory minimum penalty provisions of Code § 18.2-308.2(A). Instead, Mouberry argues, the court should have instructed the jury on the general…