Randy Eugene Donnelly v. Commonwealth of Virginia ( 2001 )

COURT OF APPEALS OF VIRGINIA
Present: Chief Judge Fitzpatrick, Judges Bumgardner and Humphreys
Argued at Richmond, Virginia
RANDY EUGENE DONNELLY
MEMORANDUM OPINION * BY
v. Record No. 2070-00-2 JUDGE RUDOLPH BUMGARDNER, III
NOVEMBER 13, 2001
COMMONWEALTH OF VIRGINIA
FROM THE CIRCUIT COURT OF HALIFAX COUNTY
William L. Wellons, Judge
Robert B. Hill (Hill, Rainey & Eliades, on
brief), for appellant.
Robert H. Anderson, III, Senior Assistant
Attorney General (Randolph A. Beales, Acting
Attorney General, on brief), for appellee.
Randy Eugene Donnelly was convicted of possession of a
firearm after being convicted of a felony. He contends the
evidence was insufficient to prove he intentionally and
consciously possessed the firearms. Finding no error, we
affirm.
Deputy Jimmy Clay responded to a domestic complaint at the
defendant's home. 1 While there, he observed two shotguns in a
* Pursuant to Code § 17.1-413, this opinion is not
designated for publication.
1
"On appeal, 'we review the evidence in the light most
favorable to the Commonwealth, granting to it all reasonable
inferences fairly deducible therefrom.'" Archer v.
Commonwealth, 26 Va. App. 1, 11, 492 S.E.2d 826, 831 (1997)
(citation omitted).
gun rack on the defendant's bedroom wall. The gun rack was
about ten feet from the bed in a room that the defendant shared
with his girlfriend. The defendant volunteered that "he hunts
every year . . . [and] buys a hunting license every year." He
was convicted of armed robbery twenty years ago.
The Commonwealth must prove the defendant was aware of both
the presence and character of the firearms and he exercised
dominion and control over them. Archer v. Commonwealth, 26 Va.
App. 1, 12, 492 S.E.2d 826, 831 (1997) (proximity to firearm and
ownership or occupancy of premises are probative of defendant's
constructive possession). The only issue on appeal is whether
the guns were subject to the defendant's dominion and control
because he concedes he knew the shotguns were in his bedroom.
The defendant kept the guns in his bedroom which was "off
limits" to the children. The door was kept "closed at all
times," and he forbade the children from "mess[ing] with" the
guns. The defendant admitted it was "explicitly clear that no
one is to go in [his bedroom] and mess with" the firearms. The
defendant conceded he went hunting with "my boys" and the guns
were with him. That evidence permits the reasonable conclusion
that the defendant exercised dominion and control over the guns.
The defendant denied the guns were his and testified that
he did not handle the guns when he took the boys hunting. "The
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credibility of the witnesses and the weight accorded the
evidence are matters solely for the fact finder who has the
opportunity to see and hear that evidence as it is presented."
Sandoval v. Commonwealth, 20 Va. App. 133, 138, 455 S.E.2d 730,
732 (1995) (citations omitted). The fact finder believed the
Commonwealth's evidence and rejected some of the defendant's
testimony.
The evidence was sufficient to prove beyond a reasonable
doubt that the defendant, a convicted felon, possessed a
firearm. Accordingly, we affirm the conviction.
Affirmed.
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