Davis v. Commonwealth

Opinion

BAKER, J.

Cleveland McKinley Davis (appellant) appeals a judgment of the Circuit Court of the City of Virginia Beach (trial court) which approved a jury verdict convicting him of using a firearm in the commission of a felony in violation of Code § 18.2-53.1. The issue on this appeal is whether appellant may be convicted for the use of a firearm in the commission of an alleged underlying felony for which he was not separately indicted and convicted.

“On appeal of a conviction, we must consider the evidence in the light most favorable to the Commonwealth, granting to it all reasonable…