Hopson v. Commonwealth

13 Citing cases

  1. Jones v. Commonwealth

    70 Va. App. 307 (Va. Ct. App. 2019)   Cited 19 times
    In Jones, this Court, sitting en banc, examined Virginia's jurisprudence on the crime of attempt and reversed and remanded a circuit court's conviction of attempted robbery.

    However, it also concluded that the evidence did not show that Jones committed a direct or overt act in furtherance of that intent.The panel noted that this Courtโ€™s decision in Hopson v. Commonwealth, 15 Va. App. 749, 427 S.E.2d 221 (1993), and its companion case, Jordan v. Commonwealth, 15 Va. App. 759, 427 S.E.2d 231 (1993), controlled its judgment. Those cases involved co-defendants whose convictions for attempted robbery were reversed on appeal. More importantly, however, Hopson and Jordan grappled with the legal point of when preparation to commit a robbery becomes an attempt to commit that crime, and thus when criminality attaches.

  2. Reaux-King v. Commonwealth

    Record No. 0734-14-2 (Va. Ct. App. Apr. 28, 2015)   Cited 1 times

    See Otey v. Commonwealth, 61 Va. App. 346, 351 n.3, 735 S.E.2d 255, 258 n.3 (2012) ("Although not binding precedent, unpublished opinions can be cited and considered for their persuasive value."). This Court's decision in Hopson v. Commonwealth, 15 Va. App. 749, 752, 427 S.E.2d 221, 223 (1993), does not compel a different result. See also Jordan v. Commonwealth, 15 Va. App. 759, 427 S.E.2d 231 (1993) (considering the appeal of Hopson's co-defendant).

  3. Rogers v. Com

    55 Va. App. 20 (Va. Ct. App. 2009)   Cited 13 times
    Holding that where a robbery was foiled because the intended victim refused to open his apartment door, the armed men outside were nevertheless guilty of attempted robbery and noting that the result would have been the same if the perpetrators had simply changed their minds at the same point in their endeavor

    Appellant argues that his acts amounted to preparation and not a "direct movement toward" robbery and use of a firearm, especially as he never confronted the intended victim. He contends that Hopson v. Commonwealth 15 Va.App. 749, 427 S.E.2d 221 (1993), and its companion case, Jordan v. Commonwealth 15 Va.App. 759, 427 S.E.2d 231 (1993), support his position. He argues that, just as in Hopson, he and his companions merely planned the robbery and went to the scene, actions that did not take sufficient steps towards the completion of the crimes. We disagree with appellant.

  4. Williams v. Commonwealth

    Record No. 0641-03-1 (Va. Ct. App. Apr. 6, 2004)   Cited 1 times

    "'An attempt is composed of two elements: the intention to commit the crime, and the doing of some direct act towards its consummation which is more than mere preparation but falls short of execution of the ultimate purpose.'" Hopson v. Commonwealth, 15 Va. App. 749, 752, 427 S.E.2d 221, 223 (1993) (quoting Sizemore v. Commonwealth, 218 Va. 980, 983, 243 S.E.2d 212, 213 (1978)); see also Johnson v. Commonwealth, 209 Va. 291, 293, 163 S.E.2d 570, 573 (1968). "'The question of what constitutes an attempt is often intricate and difficult to determine, and . . . no general rule can be laid down which will serve as a test in all cases.

  5. Allen v. Warden, Keen Mountain Corr. Ctr.

    1:13cv726 (JCC/TCB) (E.D. Va. Apr. 22, 2014)   Cited 2 times

    The three-judge panel of the Court of Appeals found no merit to this argument for the following reasons: 'An attempt is composed of two elements: the intention to commit the crime, and the doing of some direct act towards its consummation which is more than mere preparation but falls short of execution of the ultimate purpose.' Hopson v. Commonwealth, 15 Va. App. 749, 752, 427 S.E,2d 221, 223 (1993) (quoting Sizemore v. Commonwealth, 218 Va. 980, 983, 243 S.E.2d 212, 213 (1978)).To convict an accused of attempted robbery, the Commonwealth is required to prove beyond a reasonable doubt that the accused 'intended to steal personal property from [the victim], against his will, by force, violence, or intimidation. Additionally, the

  6. Jones v. Commonwealth

    Record No. 1764-16-2 (Va. Ct. App. Oct. 2, 2018)

    Rogers, 55 Va. App. at 25, 683 S.E.2d at 314 (quoting Hicks v. Commonwealth, 86 Va. 223, 227, 9 S.E. 1024, 1025 (1889)). We agree with appellant that his case is controlled by Hopson v. Commonwealth, 15 Va. App. 749, 427 S.E.2d 221 (1993), and Jordan v. Commonwealth, 15 Va. App. 759, 427 S.E.2d 231 (1993). Those cases involved co-defendants whose convictions for attempted robbery were reversed on appeal. The two men were observed outside a store "behaving suspiciously."

  7. Ruff v. Commonwealth

    Record No. 0569-13-2 (Va. Ct. App. May. 13, 2014)

    "'An attempt is composed of two elements: the intention to commit the crime, and the doing of some direct act towards its consummation which is more than mere preparation but falls short of execution of the ultimate purpose.'" Hopson v. Commonwealth, 15 Va. App. 749, 752, 427 S.E.2d 221, 223 (1993) (quoting Sizemore v. Commonwealth, 218 Va. 980, 983, 243 S.E.2d 212, 213 (1978)). Thus, the Commonwealth had to prove at trial that Ruff acted "maliciously" and "with the intent to maim, disfigure, disable or kill [Williams] or to cause the involuntary termination of her pregnancy."

  8. Small v. Commonwealth

    Record No. 1511-08-3 (Va. Ct. App. Dec. 15, 2009)   Cited 3 times

    Id. at 526-27, 659 S.E.2d at 320-21 (quoting Burton v. Commonwealth, 108 Va. 892, 899, 62 S.E. 376, 379 (1908)) (citations omitted);see also Hopson v. Commonwealth, 15 Va. App. 749, 752, 427 S.E.2d 221, 223 (1993) (holding the defendant was not guilty of attempted robbery where the evidence established an intent to rob the store but his actions were "consistent only with scouting the store" and did not constitute a "move toward realizing the ultimate purpose of robbery"). Similarly, here, the evidence is insufficient to establish the overt act necessary to prove an attempted malicious wounding.

  9. Coleman v. Commonwealth

    Record No. 1618-05-1 (Va. Ct. App. Nov. 7, 2006)

    Coleman challenges his eight convictions under Code ยง 18.2-53.1 for felonious use of a firearm, not due to insufficient evidence, but inasmuch as they rise or fall based upon the validity or invalidity of his attempted malicious wounding convictions. See generally Hopson v. Commonwealth, 15 Va. App. 749, 752-53, 527 S.E.2d 221, 223 (1993) (holding that where the "evidence did not prove the underlying felony, the firearm conviction cannot stand"). Affirmed.

  10. Lewis v. Commonwealth

    43 Va. App. 126 (Va. Ct. App. 2004)   Cited 24 times

    See Scott v. Commonwealth, 7 Va. App. 252, 264, 372 S.E.2d 771, 778 (1988) (finding the evidence was insufficient to prove "that the intent to rob extended to and included" a second person at the scene and overturning the related attempted robbery conviction). Secondly, the evidence at trial proved appellant and his companions took no action "toward realizing the ultimate purpose of the robbery" of Luis. Hopson v. Commonwealth, 15 Va. App. 749, 752, 427 S.E.2d 221, 223 (1993) (finding insufficient evidence that Hopson committed "an overt ineffectual act . . . `beyond mere preparation and . . . done to produce the intended result'" and overturning his attempted robbery conviction (quoting Tharrington v. Commonwealth, 2 Va. App. 491, 494, 346 S.E.2d 337, 339 (1986))). Instead, the evidence proved Luis was shot immediately upon his entry into the house.