Thomas v. Commonwealth

ELDER, Judge.

Clinton G. Thomas (appellant) appeals his conviction of use of a firearm during the commission of robbery in violation of Code § 18.2-53.1. 1 He contends the evidence was insufficient to prove that the object he possessed and used during his robbery of a cab driver was a “firearm.” For the reasons that follow, we affirm.

I

FACTS

At trial, the evidence established that on June 9, 1996 at about 10:30 p.m., the victim, a Richmond cab driver, picked up appellant as his next fare. Appellant sat in the back seat of the cab and told the victim that he wished to be driven first to a house…