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Felon In Possession of Firearm - Constructive Possession Enough
November 29, 2009
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Felon In Possession of Firearm - Constructive Possession Enough
November 29, 2009
In Smallwood v. Commonwealth, the Virginia Supreme Court recently confirmed that in a prosecution for possession of a firearm after having been convicted of a felony in violation of Code § 18.2-308.2, the Commonwealth presented sufficient evidence to support conviction based on joint constructive possession of a handgun resting on a console between two front seats of a vehicle the defendant was driving.
