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ROBERT EDWARD HOLLY v. COMMONWEALTH OF VIRGINIA

MEMORANDUM OPINION

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

JUDGE NORMAN K. MOON

The conviction of Robert Edward Holly for possession of a firearm while being a convicted felon is affirmed.

"When considering the sufficiency of the evidence on appeal of a criminal conviction [this Court must] view all the evidence in the light most favorable to the Commonwealth and accord to the evidence all reasonable inferences fairly deducible therefrom. The jury's verdict will not be disturbed on appeal unless it is plainly wrong or without evidence to support it." Traverso v. Commonwealth, 6 Va. App. 172, 176, 366 S.E.2d 719, 721 (1988).

The testimony of Sorenson that the appellant admitted he had, with "rat shot," shot at two dogs that morning was sufficient evidence for the court to infer that appellant had possessed a gun on that date. The discovery of the .22 caliber weapon in the appellant's home established that appellant possessed a gun. The dwelling was occupied only by the appellant, his wife and three small children. Even if the appellant's wife claimed possession of the gun, possession may be both jointand constructive. Archer v. Commonwealth, 225 Va. 416, 418, 303 S.E.2d 863, 863 (1983) (per curiam). The evidence supported a finding that appellant possessed a firearm on that date.

There is no requirement that the Commonwealth prove that the firearm was operable. See United States v. Sanza, 519 F. Supp. 26, 28 (D. Md. 1980).

Affirmed.

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HOLLY v. COMMONWEALTH, 1394-91-2, Unpublished (Va.App. 1-12-1993)
(Jan 12, 1993)