Turner v. Commonwealth

BRAY, Judge.

Barry Turner (defendant) was convicted by a jury for possession of a firearm by a convicted felon in violation of Code § 18.2-308.2. In proof of the predicate prior felony, the Commonwealth relied upon the earlier conviction of defendant by general court-martial for “Housebreaking,” in violation of Article 130, Uniform Code of Military Justice (UCMJ), 10 U.S.C. § 930 (1998), 1 while he served in the armed forces. For purposes of sentencing, the trial court classified the previous offense a “violent felony” pursuant to Code § 18.2-308.2(A) and companion Code § 17.1-805(C), thereby…