Timoth Woodard v. Commonwealth of Virginia

PETTY, Judge.

Timothy Woodard was convicted in a bench trial of felony murder, in violation of Code § 18.2-33. 1 On appeal, Woodard argues that the trial court erred in overruling his motion to strike the evidence because the evidence was insufficient to convict him of felony murder. Specifically, Woodard argues that the underlying felony, the sale of ecstasy, was completed before the homicide, and therefore, the homicide did not occur within the res gestae of the predicate offense. For the following reasons, we agree. Therefore, we reverse Woodard’s conviction of felony murder.

I. Background

“On…