Johns v. Commonwealth

Opinion

KOONTZ, C.J.

Ralph Eltoro Johns, Jr. was convicted by jury of robbery, statutory burglary in violation of Code § 18.2-90 and use of a firearm in the commission of a felony in violation of Code § 18.2-53.1. On appeal, Johns argues that the evidence was insufficient to prove statutory burglary and to convict him of use of a firearm as a second or subsequent offense. For the reasons that follow, we reverse Johns’ conviction of statutory burglary and affirm his conviction of use of a firearm in the commission of a felony.

For purposes of this appeal, the evidence may be summarized as…