Kimberly Paul Barney v. Commonwealth of Virginia

OPINION BY JUDGE WILLIAM G. PETTY

*606 A jury found Kimberly Barney guilty of two counts of use of a firearm in the commission of a felony. On appeal, Barney asserts that the trial court erred in refusing her proffered instruction regarding the definition of a firearm and in giving instead the instruction provided by the Commonwealth. She also asserts that the evidence of her use of a firearm was insufficient to support the convictions. We agree that the jury was improperly instructed and reverse the convictions. However, we conclude that the evidence was sufficient for conviction, and thus we…