Sheler v. Commonwealth

ANNUNZIATA, Judge.

Allen Derrick Sheler appeals his conviction by a jury for robbery, abduction with the intent to extort pecuniary benefit, and use of a firearm while committing robbery and abduction. Sheler contends that the trial court erroneously denied his motion to suppress evidence of glass fragments found on one of Sheler’s shoes. For the reasons that follow, we reverse and remand.

*469 I.

BACKGROUND

Under accepted principles, we review the evidence in the light most favorable to the Commonwealth, the party prevailing below. Great Eastern Resort Corp. v. Gordon, 31 Va.App. 608, 610, 525…