Felton v. Commonwealth

Full title: WILLIE JAMES FELTON, JR. v. COMMONWEALTH OF VIRGINIA

Court: Court of Appeals of Virginia. Alexandria

Date published: Apr 26, 1994

Record No. 2217-92-4 (Va. Ct. App. Apr. 26, 1994)

Opinion

Record No. 2217-92-4

April 26, 1994

FROM THE CIRCUIT COURT OF THE CITY OF ALEXANDRIA DONALD H. KENT, JUDGE

Stefan C. Long, for appellant.

Janet F. Rosser, Assistant Attorney General (Stephen D. Rosenthal, Attorney General, on brief), for appellee.

Present: Judges Coleman, Fitzpatrick and Retired Judge Hodges^_

_ Retired Judge William H. Hodges took part in the consideration of this case by designation pursuant to Code § 17-116.01.

Argued at Alexandria, Virginia

MEMORANDUM OPINION^__

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

JUDGE WILLIAM H. HODGES

Willie James Felton, Jr. (defendant) was convicted in a bench trial of unlawful wounding in violation of Code § 18.2-51. On appeal, he argues that the evidence was insufficient to support the conviction. We disagree and affirm the judgment of the trial court.

The parties are fully conversant with the record, and a recitation of the facts is unnecessary to a disposition of this appeal.

"'[T]he finding of the judge, upon the credibility of the witnesses and the weight to be given their evidence, stands on the same footing as the verdict of a jury, and unless that finding is plainly wrong, or without evidence to support it, it cannot be disturbed.'" Yates v. Commonwealth, 4 Va. App. 140, 143, 355 S.E.2d 14, 16 (1987) (quoting Lane v. Commonwealth, 184 Va. 603, 611, 35 S.E.2d 749, 752 (1945)).

Our review of the record here discloses ample support for the conviction, and, accordingly, the decision of the trial court is affirmed.

Affirmed.