THE CIRCUIT COURT OF PITTSYLVANIA COUNTY Stacey W. Moreau,
Matthew L. Pack (M. Pack Law, PLLC, on brief), for appellant.
Brittany A. Dunn-Pirio, Assistant Attorney General (Mark R.
Herring, Attorney General, on brief), for appellee.
Present: Chief Judge Huff, Judges Beales and Decker Argued at
RANDOLPH A. BEALES JUDGE
the execution of a search warrant, Tina Lasha Hall, a/k/a
Tina Lasha Waller ("appellant") was indicted for
four felonies, including possession of a firearm by a
convicted felon and possession of a firearm while possessing
cocaine with the intent to distribute. Appellant moved to
sever the charge for possession of a firearm by a felon from
the other charges in the indictment. After she prevailed on a
motion to strike at the first trial on the other charges, she
moved to dismiss the charge of possession of a firearm by a
convicted felon, arguing that it violated the principle of
collateral estoppel and double jeopardy. The trial court
denied appellant's motion, and she was ultimately
convicted. On appeal, appellant contends the trial court
erred in denying her motion to dismiss based on
"collateral estoppel pursuant to the Double Jeopardy
Clause of the Fifth Amendment" and in finding the evidence
sufficient to find her guilty of possession of a firearm by a
February 16, 2016, appellant was indicted for possession of
cocaine with intent to distribute, third or subsequent
offense; possession of marijuana with intent to distribute;
possession of a firearm while possessing cocaine with intent
to distribute; and possession of a firearm after having been
convicted of a felony. On May 5, 2016, appellant moved to
sever the charge of possession of a firearm by a convicted
felon from the other charges, and the trial court granted the
motion. On January 18, 2017, appellant was tried for the
other charges. At the conclusion of the
Commonwealth's case-in-chief, the trial court granted
appellant's motion to strike the charges.
January 23, 2017, appellant filed a motion to dismiss the
charge of possession of a firearm by a convicted felon based
on collateral estoppel and double jeopardy. The trial court
denied the motion to dismiss and proceeded to trial. At a
bench trial on August 10, 2017, the trial court found
appellant guilty of possession of a firearm by a convicted
felon. She was sentenced to four years of incarceration with
two years suspended and 18 months of supervised probation.
Presented at Appellant's Trial for Possession of a
Firearm by a Convicted Felon
morning of October 30, 2015, at approximately 8:30 a.m.,
police officers from the Pittsylvania County Sheriff's
Office executed a search warrant on the residence of Ronnie
Stone at 1105 Cody Road in Pittsylvania County.
that morning, approximately an hour before the search warrant
was executed, Investigator Robert Worsham with the
Pittsylvania County Sheriff's Office conducted
surveillance of the address. From his location in the woods,
he witnessed one person - appellant - leave the residence and
get into a vehicle. Approximately one week prior to the
execution of the search warrant, another officer, Corporal
James Davis, knocked on the door of the residence. Appellant
answered and, when Corporal Davis inquired about possibly
purchasing a vehicle outside of the residence, appellant told
him that he would have to wait for Stone to return home.
the execution of the search warrant on October 30th, in one
of the bedrooms of the residence, the officers located an
AK-47 between the bed and the nightstand. They found live
ammunition in the firearm and another ammunition magazine in
the drawer of the nightstand. ...