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Granted Appeal Summary

Case

MARCELLUS MCQUINN v. COMMONWEALTH OF VIRGINIA (Record Number 190266)

From

Court of Appeals of Virginia.

Counsel

Daniel W. Hall, esq. for appellant. Caitlin Robb Kelly (Office of the Commonwealth\\u2019s Attorney) for appellee.

Assignment of Error

3. The Court of Appeals erred by upholding the trial court, which erred by refusing to grant McQuinn\\u2019s motion to set aside the convictions for use of a firearm where McQuinn was acquitted of any predicate offense to support these convictions.
4. The Court of Appeals erred by upholding the trial court, which erred by denying McQuinn\\u2019s motion to set aside the convictions for use of a firearm where Reed v. Commonwealth was decided in error because the authority relied upon in Reed did not address offenses which were statutorily mandated predicate offenses in the manner that violent crimes are predicate offenses under Va. Code \\xa7 18.2-53.1. B. The Court of Appeals erred by upholding the trial court, which erred by denying McQuinn\\u2019s motion to set aside the use of firearm convictions where the authority in Reed v. Commonwealth does not apply to this case because McQuinn asked the trial court to set aside the firearm convictions on legal grounds under Va. Code \\xa7 18.2-53.1, and not merely because the verdicts were inconsistent.
5. The Court of Appeals erred by dismissing McQuinn\\u2019s third assignment of error as it pertained to a second conviction for use of a firearm, because, although the argument section for this assignment incorrectly identified the conviction as use of a firearm in a \\u201crobbery,\\u201d McQuinn\\u2019s assignment of error was adequate to confer jurisdiction over the question in the Court of Appeals, any failure to comply with the Rules was insignificant, and it was clear which firearm conviction McQuinn was complaining of.

Source Document: http://www.courts.state.va.us/courts/scv/appeals/190266.pdf

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