Lowe v. Commonwealth

ELDER, Judge.

Kerry Leecoya Lowe (appellant) appeals from his bench trial convictions for malicious wounding in violation of Code § 18.2-51 and trespass in violation of Code § 18.2-119. 1 On appeal, he contends (1) his first conviction was for unlawful rather than malicious wounding, as per the trial court’s sentencing order, and, therefore, that the sentence imposed exceeded the statutory range; and (2) his conviction for trespass was invalid because it was not lesser included in the charged offense of statutory burglary while armed with a deadly weapon. In light of the trial court’s nunc pro…