ROSE v. COM.

Record No. 2762-07-3.

673 S.E.2d 489 (2009)

53 Va. App. 505

Rechell Lynn ROSE v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Salem.

March 4, 2009.


Attorney(s) appearing for the Case

B. Leigh Drewry, Jr. (Cunningham & Drewry, on brief), Lynchburg, for appellant.

Benjamin H. Katz, Assistant Attorney General (Robert F. McDonnell, Attorney General, on brief), for appellee.

Present: FRANK, McCLANAHAN and PETTY, JJ.


FRANK, Judge.

Rechell Lynn Rose, appellant, was convicted, in a bench trial, of use of a firearm while in the commission of robbery, in violation of Code § 18.2-53.1. On appeal, appellant challenges the sufficiency of the evidence, contending that the victim's perception of the weapon as a firearm is necessary to sustain the conviction. For the reasons stated, we affirm the trial court.

BACKGROUND1

"On appeal...

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