JOHNS v. COM.

Record No. 1137-88-1.

392 S.E.2d 487 (1990)

Ralph Eltoro JOHNS, Jr. v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia.

May 8, 1990.


Attorney(s) appearing for the Case

Gerard T. Schafer, Virginia Beach (Karen L. Lindemann, on brief), for appellant.

Eugene Murphy, Asst. Atty. Gen. (Mary Sue Terry, Atty. Gen., on brief), for appellee.

Present: KOONTZ, C.J., and BAKER and BARROW, JJ.


KOONTZ, Chief Judge.

Ralph Eltoro Johns, Jr. was convicted by jury of robbery, statutory burglary in violation of Code § 18.2-90 and use of a firearm in the commission of a felony in violation of Code § 18.2-53.1. On appeal, Johns argues that the evidence was insufficient to prove statutory burglary and to convict him of use of a firearm as a second or subsequent offense. For the reasons that follow, we reverse...

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