Dijon Allen Smith v. Commonwealth of Virginia

ELDER, Judge.

Dijon Allen Smith (appellant) was convicted in a jury trial for burglary in violation of Code § 18.2-90 and using a firearm in the commission of that offense in violation of Code § 18.2-53.1. On appeal, he contends the burglary was complete before he used or displayed the gun and, thus, that the evidence fails to support his conviction for using a firearm in the commission of burglary. We hold the evidence, viewed in the light most favorable to the Commonwealth, was sufficient to support the challenged conviction. 1 Thus, we affirm.

In considering a challenge to the sufficiency of…