Overbey v. Commonwealth

CARRICO, Senior Justice.

This appeal involves the indictment and conviction of the defendant, Robert Overbey, III, on a charge of possession of a firearm by a convicted felon. Code § 18.2-308.2. The controlling question for decision is whether the Commonwealth proved the defendant had been previously convicted of a felony as required by subsection (A)(i) of that statute. Finding that the Commonwealth failed to prove this necessary element of the crime, we will reverse.

At the defendant's trial on the weapons charge, the Commonwealth introduced into evidence a copy of a petition filed on October…