MOUBERRY v. COM.

Record No. 2997-01-2.

575 S.E.2d 567 (2003)

39 Va. App. 576

Thomas Clinton MOUBERRY, v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Richmond.

January 21, 2003.


Attorney(s) appearing for the Case

Helen E. Phillips, Charlottesville, for appellant.

Margaret W. Reed, Assistant Attorney General (Jerry W. Kilgore, Attorney General, on brief), for appellee.

Present: FRANK, FELTON and KELSEY, Judges.


KELSEY, Judge.

On August 28, 2001, a jury convicted the appellant, Thomas Clinton Mouberry, of possessing a firearm after having been convicted of a felony in violation of Code § 18.2-308.2(A). The trial judge instructed the jury on the mandatory two-year minimum sentence prescribed by Code § 18.2-308.2(A), and the jury fixed Mouberry's punishment at two years in prison.

Mouberry contends that the trial judge erred by instructing the jury on the...

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