Legal Opinion

Hoyt v. Commonwealth

Court of Appeals of Virginia

Decided December 7, 2004No. 3042031PublishedCited by 28 opinions

1Opinion of the Court

ANNUNZIATA, Judge.

Robert Thomas Hoyt appeals his conviction under Code § 18.2-47(A) for abduction. He contends his conviction should be reversed because the abduction was incidental to his commission of robbery. For the following reasons, we reverse and dismiss the abduction conviction and the related conviction for using a firearm in the commission of a felony. 1

I. Background

In accord with our usual standard of review, we review the evidence and all reasonable inferences flowing from the evidence in a light most favorable to the Commonwealth as the party prevailing below. Garcia v.…

2Cases cited22 opinions

  1. Missouri v. HunterSupreme Court of the United States · 1983
  2. Whalen v. United StatesSupreme Court of the United States · 1980
  3. Albernaz v. United StatesSupreme Court of the United States · 1981
  4. Garrett v. United StatesSupreme Court of the United States · 1985
  5. McGee v. CommonwealthCourt of Appeals of Virginia · 1997

17 more not listed; retrieve them via the Exa API.

3Cited by28 opinions

  1. Garza v. StateSupreme Court of Georgia · 2008
  2. State v. RoslingMontana Supreme Court · 2008
  3. Manneh Vay v. Commonwealth of VirginiaCourt of Appeals of Virginia · 2017
  4. Pryor v. CommonwealthCourt of Appeals of Virginia · 2006
  5. Walker v. CommonwealthCourt of Appeals of Virginia · 2005

23 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API