Commonwealth v. Cross

.By Judge Dean W. Sword, Jr.

This matter is currently before the court upon the defense motion to strike the evidence on Count 2 of the indictment charging possession of a firearm by a convicted felon in violation of Virginia Code § 18.2-308.2. The motion was taken under advisement by the court when the matter was tried on July 10, 2006. After having considered the applicable law, the court now grants the defendant’s motion and dismisses Count 2 of the indictment.

At trial, the Commonwealth presented evidence of an order treating the defendant as a “first offender” pursuant to Virginia Code §…