Akers v. Commonwealth

ELDER, Judge.

Charles Richard Akers (appellant) appeals his bench trial conviction pursuant to Code § 18.2-53.1 for use of a firearm in the commission or attempted commission of a malicious wounding. Appellant originally also was charged with malicious wounding in violation of Code § 18.2-51 but was convicted of the lesser offense of unlawful wounding. On appeal, appellant contends his conviction for use of a firearm in the commission of a malicious wounding was inconsistent with his conviction for unlawful wounding arising out of the same incident. Conceding the inconsistency of the verdicts,…