CLAY v. COM.

Record No. 2227-97-1.

507 S.E.2d 655 (1998)

28 Va. App. 624

Phillip CLAY v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Norfolk.

December 15, 1998.


Attorney(s) appearing for the Case

(William L. Taliaferro, Jr.; Rabinowitz, Rafal, Swartz, Taliaferro & Gilbert, on brief), Norfolk, for appellant. Appellant submitting on brief.

Daniel J. Munroe, Assistant Attorney General (Mark L. Earley, Attorney General, on brief), for appellee.

Present: BENTON, ELDER and LEMONS, JJ.


ELDER, Judge.

Phillip Clay (appellant) was convicted in a bench trial of two counts of robbery and two counts of the related use of a firearm in the commission of robbery. On appeal, he contends that the evidence was insufficient to prove he committed two robberies rather than one and that the second firearm conviction, contingent upon the second robbery conviction, therefore also must fail. For the reasons that follow, we agree and reverse the challenged robbery...

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