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Waldo v. Commonwealth

Court of Appeals of Virginia
Aug 22, 1995
Record No. 0697-94-3 (Va. Ct. App. Aug. 22, 1995)

Opinion

Record No. 0697-94-3

Decided: August 22, 1995

FROM THE CIRCUIT COURT OF ROANOKE COUNTY, Kenneth E. Trabue, Judge

Affirmed.

Terry N. Grimes (King, Fulghum, Snead, Nixon Grimes, on brief), for appellant.

Richard B. Smith, Assistant Attorney General (James S. Gilmore, III, Attorney General, on brief), for appellee.

Present: Chief Judge Moon, Senior Judges Cole and Hodges


MEMORANDUM OPINION

Pursuant to Code Sec. 17-116.010 this opinion is not designated for publication.


We affirm the judgment of the trial court finding Scott Wayne Waldo guilty of having a concealed weapon in violation of Code Sec. 18.2-308.

"On appeal, we review the evidence in the light most favorable to the Commonwealth, granting to it all reasonable inferences fairly deducible therefrom." Martin v. Commonwealth, 4 Va. App. 438, 443, 358 S.E.2d 415, 418 (1987).

The trial judge found that appellant's weapon was "hidden from common observation." In Main v. Commonwealth, 20 Va. App. 370, 372-73, 457 S.E.2d 401, 402 (1995), the weapon was concealed within the meaning of Code Sec. 18.2-308 when "[i]t was hidden from all except those with an unusual or exceptional opportunity to view it."

Officer Smith testified that he could not see the weapon when he approached the vehicle. The weapon was located in a pocket in the driver's side door. Thus, the evidence was sufficient to enable the fact finder to conclude beyond a reasonable doubt that the weapon was hidden from common observation.

Affirmed.


Summaries of

Waldo v. Commonwealth

Court of Appeals of Virginia
Aug 22, 1995
Record No. 0697-94-3 (Va. Ct. App. Aug. 22, 1995)
Case details for

Waldo v. Commonwealth

Case Details

Full title:SCOTT WAYNE WALDO v. COMMONWEALTH OF VIRGINIA

Court:Court of Appeals of Virginia

Date published: Aug 22, 1995

Citations

Record No. 0697-94-3 (Va. Ct. App. Aug. 22, 1995)