Utz v. Commonwealth

DUFF, Senior Judge.

Charles Justin Utz appeals his convictions for the second degree murder of Jose Danilo-Alberto (the “victim”) and for using a firearm in the commission of that murder. He contends the evidence was insufficient as a matter of law to sustain the convictions and that the trial judge erred in allowing expert testimony of “street-gang” culture. We disagree and affirm.

I

SUFFICIENCY OF THE EVIDENCE

“Self-defense is an affirmative defense which the accused must prove by introducing sufficient evidence to raise a reasonable doubt about his guilt.” Smith v. Commonwealth, 17 Va.App. 68,…