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Evans v. Commonwealth

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Current status: FILED
As of: Dec 3, 2020
Source: SUPREME COURT OF VIRGINIA · DOCKET 190846 ↗

Why this status appears

Status is derived only from narrow phrases in the court’s verbatim disposition or latest docket entry.

190846 Evans v. Commonwealth 12/03/2020 Code § 19.2-294 does not preclude conviction for possession of a firearm by a convicted felon when the defendant has been convicted in a prior prosecution of carrying a concealed weapon. What is the "same act" under Code § 19.2-294 turns on a common sense assessment of whether (1) the act in question is a separate volitional act, (2) the acts are separated in time and place, and (3) the act differs in its nature. Here, concealing a weapon differs in its q…

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