Taybron v. Commonwealth

ELDER, Judge.

Floyd Taybron (appellant) appeals from his jury trial conviction for willfully participating in a criminal act for the benefit of a criminal street gang of which he was a member in violation of Code § 18.2-46.2. 1 On appeal, he contends the gang participation statute under which he was convicted is unconstitutionally vague and overbroad. He also contends the evidence was insufficient to prove he belonged to a gang whose members, individually or collectively, had engaged in the predicate criminal acts required by the statute. Finally, he contends the trial court erred in admitting…