Williams v. Commonwealth

ROBERT J. HUMPHREYS, Judge.

Kenney Quinard Williams (‘Williams”) appeals his conviction of possession of burglarious tools, in violation of Code § 18.2-94. He argues that (1) the trial court erred in construing the statute to include a plastic bag as a larcenous “implement,” and (2) the statute is void for vagueness under the United States and Virginia Constitutions. For the reasons that follow, we agree with Williams that a plastic bag is not an “implement” as contemplated by the statute, thus we reverse his conviction and need not address the constitutional validity of the statute.

BACKGROUND

T…