Williams v. Commonwealth

HODGES, Senior Judge.

Appellant, Modrell Antoine Williams, appeals his conviction for possession of a firearm by a convicted felon in violation of Code § 18.2-308.2. For the reasons set forth below, we reverse.

FACTUAL BACKGROUND

On June 14, 1998, Officer R.K. Butler received information that someone matching appellant’s description had “retrieve[d] a gun from some bushes.” A short time later, Butler located appellant. Appellant quickly entered a laundromat. Butler entered and asked appellant, “ “Where is it at?’ ” Appellant said, “ ‘It’s in the trash can’; and he pointed to a small trash can.”

Bu…