ELMORE v. COM.

Record No. 2366-94-2.

470 S.E.2d 588 (1996)

22 Va. App. 424

Robert ELMORE, s/k/a Robert D. Elmore v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Richmond.

May 14, 1996.


Attorney(s) appearing for the Case

Peter D. Eliades (Marks & Harrison, on brief), Hopewell, for appellant.

Marla Graff Decker, Assistant Attorney General (James S. Gilmore, III, Attorney General, on brief), for appellee.

Present: BAKER, COLEMAN and ELDER, JJ.


COLEMAN, Judge.

Robert D. Elmore was convicted in a bench trial of bank robbery and use of a firearm in the commission of a robbery. Elmore contends that the Commonwealth did not prove that he actually possessed a firearm and, therefore, the evidence is insufficient to sustain the conviction for use of a firearm in the commission of a robbery in violation of Code § 18.2-53.1. We hold that the evidence is sufficient and affirm the defendant's conviction.

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