Harris v. Com.

OPINION BY Justice CYNTHIA D. KINSER.

Joseph H. Harris, Jr. was convicted of possessing a concealed weapon, specifically a box cutter, after having been convicted of a felony, in violation of Code § 18.2-308.2(A). Because the box cutter concealed by Harris is not a weapon described in Code § 18.2-308(A), the evidence to sustain his conviction was insufficient as a matter of law. We will therefore reverse the judgment of the Court of Appeals of Virginia and vacate Harris' conviction.

Douglas Otmers, a deputy with the Southampton County Sheriff's Office, arrested Harris for public intoxication…