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13 Va. Cir. 382

Commonwealth v. Thomas

Virginia Circuit Court

Decided October 17, 1988

Virginia Circuit Court · decided 1988-10-17

Decided 1988-10-17

By JUDGE LEONARD B. SACHS

¶1After considering the matter, I have concluded that the statute which deals with the use of a firearm in the commission of a robbery necessarily includes a sawed-off shotgun, which is a "firearm."

¶2By definition (Section 18.2-299 (2)) a "crime of violence" includes robbery by statutory definition.

¶3Accordingly, the court would hold that there would be a double jeopardy violation if the defendant were to be prosecuted upon or convicted under both sections of the Code (Section 18.2-53.1 and Section 18.2-300).

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