Rose v. Commonwealth

FRANK, Judge.

Rechell Lynn Rose, appellant, was convicted, in a bench trial, of use of a firearm while in the commission of robbery, in violation of Code § 18.2-53.1. On appeal, appellant challenges the sufficiency of the evidence, contending that the victim’s perception of the weapon as a firearm is necessary to sustain the conviction. For the reasons stated, we affirm the trial court.

BACKGROUND 1

“On appeal, Ve review the evidence in the light most favorable to the Commonwealth, granting to it all reasonable inferences fairly deducible therefrom.’ ” Archer v. Commonwealth, 26 Va.App. 1, 11,…