Legal Opinion
Purvy v. Commonwealth
Court of Appeals of Virginia
Decided December 13, 2011No. 0336111PublishedCited by 10 opinions
1Opinion of the Court
KELSEY, Judge.
The trial court found Blanton V. Purvy guilty of three counts of failing to register or reregister as a violent sexual offender, a second or subsequent offense, in violation of Code § 18.2-472.1. On appeal, Purvy argues (i) a fatal variance existed between his indictments and the proof at trial, and (ii) the evidence was insufficient to convict him on the variant charges. Agreeing with the first assertion, but disagreeing with the second, we reverse.
I
Fatal Variance Between Pleading and Proof
A 1997 conviction for attempted rape deemed Purvy a violent sexual offender, requiring…
2Cases cited44 opinions
- Jackson v. VirginiaSupreme Court of the United States · 1979
- United States v. ScottSupreme Court of the United States · 1978
- Cavazos v. SmithSupreme Court of the United States · 2011
- Commonwealth v. HudsonSupreme Court of Virginia · 2003
- Edwards v. CommonwealthCourt of Appeals of Virginia · 2003
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3Cited by10 opinions
- Eric William Wandemberg v. Commonwealth of VirginiaCourt of Appeals of Virginia · 2019
- Ryan Taylor v. Commonwealth of VirginiaCourt of Appeals of Virginia · 2019
- Bernardo John Raigoza v. Commonwealth of VirginiaCourt of Appeals of Virginia · 2019
- Danielle Lee Polk v. Commonwealth of VirginiaCourt of Appeals of Virginia · 2013
- Derrick Brandon Graham v. Commonwealth of VirginiaCourt of Appeals of Virginia · 2013
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