Startin v. Commonwealth

The majority holds that the replica of a firearm Startin used during the commission of two robberies is a firearm within the meaning of Code § 18.2-53.1. In so holding, it overturns this Court’s decision in Sprouse v. Commonwealth, 19 Va.App. 548, 453 S.E.2d 303 (1995), which required the Commonwealth to “prove that the accused actually had a firearm in his possession.” Id. at 551, 453 S.E.2d at 305 (emphasis added). For the reasons stated in the panel dissent, Startin v. Commonwealth, 54 Va.App. 778, 792-95, 682 S.E.2d 115, 122-24 (2009) (Elder, J., dissenting), I believe Sprouse was…