BUTLER v. COM.

Record No. 1213-13-2.

763 S.E.2d 829 (2014)

64 Va. App. 7

Christopher Wayne BUTLER v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Richmond.

October 28, 2014.


Attorney(s) appearing for the Case

Susan E. Allen (The Law Office of Susan E. Allen, Richmond, on brief), for appellant.

Christopher P. Schandevel , Assistant Attorney General ( Mark R. Herring , Attorney General, on brief), for appellee.

Present: FRANK and BEALES, JJ., and CLEMENTS, S.J.


FRANK, Judge.

Christopher Wayne Butler, appellant, was convicted in a bench trial of possessing a firearm after having been convicted of a felony in violation of Code § 18.2-308.2. On appeal, he contends the trial court erred in imposing a mandatory minimum two-year sentence because the indictment failed to allege that his prior felony conviction occurred within ten years. Finding no error, we affirm.

BACKGROUND

On April 9, 2013, a grand jury...

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