Lebron v. Commonwealth

1

JONATHAN LEBRON v. COMMONWEALTH OF VIRGINIA

No. 1937-22-3

Court of Appeals of Virginia

April 9, 2024

FROM THE CIRCUIT COURT OF THE CITY OF MARTINSVILLE G. Carter Greer, Judge

Kelsey Bulger, Senior Appellate Attorney (Virginia Indigent Defense Commission, on briefs), for appellant.

John Beamer, Assistant Attorney General (Jason S. Miyares Attorney General, on brief), for appellee.

Present: Judges Friedman, White and Senior Judge Humphreys ^[*] Argued at Christiansburg, Virginia

MEMORANDUM OPINION ^[**]

KIMBERLEY SLAYTON WHITE, JUDGE

Following a jury trial, the Circuit Court of the City of Martinsville convicted Jonathan Lebron of robbery, conspiracy to commit robbery, armed burglary, conspiracy to commit armed burglary two counts of using a firearm in the commission of a felony, and two counts of conspiracy to use a firearm in the commission of a felony, in violation of Code §§ 18.2-58, 18.2-22, 18.2-90, and 18.2-53.1. Lebron asserts that the trial court erred in finding the evidence sufficient to support his convictions and in denying his motion to exclude witness testimony for a discovery violation. For the following reasons, we affirm the trial court's judgment.

BACKGROUND

We recite the facts "in the 'light most favorable' to the Commonwealth, the prevailing party in the trial court." Commonwealth v. Cady, 300 Va. 325, 329 (2021) (quoting Commonwealth v. Hudson, 265 Va. 505, 514 (2003)). Doing so requires that we "discard the evidence of the accused in conflict with that of the Commonwealth, and regard as true all the credible evidence favorable to the Commonwealth and all fair inferences to be drawn therefrom." Id. (quoting Commonwealth v. Perkins, 295 Va. 323, 324 (2018)).

Zachery Conner met Rachel Handy in 2019, and the two became close friends. From 2019 until 2021, Conner and Jonathan Lebron lived together. At the time of the crimes, Handy and Lebron shared an apartment and Conner lived with his uncle elsewhere. Conner met Joshlyn Hairston, the victim, once when she visited the apartment to see Handy.

On July 5, 2019, Conner walked to visit Handy and Lebron at their apartment. While there, the three of them discussed the fact that Hairston owed money to Handy. Conner testified that "[t]hey . . . asked if I wanted to make some money." He stated that neither Lebron nor Handy told him how initially. Later, however, Handy told Conner that if he would help her get money from Hairston that she would give him half of what they recovered. This conversation took place in the bedroom. While Handy and Conner spoke in the bedroom, Lebron was in the living room. After Handy and Conner spoke about taking Hairston's money, Lebron entered the bedroom. Conner testified that Lebron "didn't really speak too much about" the plan when he came into the bedroom; when Handy told him they were going to Hairston's house, Lebron left with Handy and Conner.

Handy, Conner, and Lebron entered Handy's white Chevrolet SUV for the trip to Hairston's house. Lebron drove, Handy sat in the front passenger seat, and Conner sat in the back behind Lebron. Once inside the vehicle, Handy told Conner that a Glock style BB gun was in the pocket behind the driver's seat and Conner retrieved it. During the 15-minute drive to Hairston's residence, Handy instructed Conner "where everything was" that they were going to get. Handy directed Conner to where some old pills and baggies of cocaine would be at the residence and told him to take them. When Lebron passed Hairston's house, Handy pointed the location of the house out to Conner. Lebron then dropped Conner off two blocks away from Hairston's residence. Lebron told Conner he would wait at a nearby ballfield park.

It took Conner about five minutes to walk to Hairston's house. Before Conner entered Hairston's home, Handy called and texted Hairston about money. Hairston did not reply to the text nor answer the call. Conner knocked on Hairston's door; when Hairston answered, he told her his car had overheated and asked for paper towels and a bottle of water. After Hairston returned with the water, Conner entered the residence, with the gun in his waistband, and demanded the money she owed Handy. Hairston directed him to the nightstand beside her bed, where he located a bag, snatched it, and fled through the front door. Hairston called Handy while Conner was in the house, asking Handy why Conner was there with a gun to her head asking for money she allegedly owed Handy.

Once Conner grabbed the bag, he ran to the ballfield, reentered the Chevrolet, and instructed Lebron to take the highway rather than drive back through the city. They stopped at an Auto Zone to get rid of Hairston's bag. On the way back to the apartment, Handy and Conner discussed the division of what had been taken from Hairston. Handy gave Conner half of everything that was in the bag. Conner received some pills, a gram of cocaine, and $50 in cash. Conner testified that Lebron remained silent during the return trip.^[1] Police Lieutenant Ben Peters was on patrol near Hairston's residence when he encountered Hairston; she reported the crime. Lieutenant Peters also observed a male later identified as Conner running from the area of her driveway carrying a bag. After speaking with Hairston and reviewing his dashcam, Lieutenant Peters was on the lookout for a white SUV. After 40 minutes, Lieutenant Peters located the vehicle outside Handy's apartment and observed Handy in the vehicle. After speaking with Handy and Hairston, Lebron became a person of interest in Lieutenant Peters' investigation. Lieutenant Peters found Lebron at another apartment in the same building that Lebron and Handy lived in. Lieutenant Peters and another officer entered that apartment, announced themselves, and located Lebron hiding in a back bedroom "laying on his back, hands in by his side, on the floor, tucked up against the bed."

On May 2, 2022, Lebron was indicted in the Circuit Court of the City of Martinsville for robbery, conspiracy to commit robbery, armed burglary, conspiracy to commit armed burglary, the use of a firearm in the commission of robbery, the use of a firearm in the commission of burglary, conspiracy to use a firearm in the commission of robbery, and conspiracy to use a firearm in the commission of burglary.

On the morning of the jury trial, Lebron asked the trial court to exclude the testimony from all Commonwealth witnesses, except for Hairston, because the Commonwealth had failed to provide Lebron with a list of witnesses it planned to call in its case-in-chief. In response, the Commonwealth represented that it had emailed a list of the witnesses to defense counsel. In addition, the Commonwealth indicated that the witness list was contained in the defendant's file maintained in the Commonwealth's office and was available for review by defense counsel. The Commonwealth confirmed that the list was filed prior to defense counsel's last review of the file. Finally, the Commonwealth pointed to the same witness list made a part of the trial court's file.

The trial court denied the motion to exclude the witnesses because "it appears [a written list of witnesses that includes names, and if known, addresses] was available to the Defense in the file."

After the Commonwealth rested its case, Lebron moved to strike the evidence arguing that the evidence was insufficient to prove he participated in the offenses or conspired to commit the crimes. The trial court denied the motion to strike. The jury convicted Lebron of all the offenses for which he was on trial. Lebron was sentenced to 126 years in prison with 110 years suspended. This appeal followed.

ANALYSIS

I. Conspiracy

Lebron argues that the Commonwealth failed to prove Lebron entered into an agreement to commit the offenses and had the intent to commit the offenses. "When reviewing the sufficiency of the evidence, '[t]he judgment of the trial court is presumed correct and will not be disturbed unless it is plainly wrong or without evidence to support it.'" McGowan v. Commonwealth, 72 Va.App. 513, 521 (2020) (alteration in original) (quoting Smith v. Commonwealth, 296 Va. 450, 460 (2018)). "In such cases, '[t]he Court does not ask itself whether it believes that the evidence at the trial established guilt beyond a reasonable doubt.'" Id. (alteration in original) (quoting Secret v. Commonwealth, 296 Va. 204, 228 (2018)). "Rather, the relevant question is whether 'any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.'" Vasquez v. Commonwealth, 291 Va. 232, 248 (2016) (quoting Williams v. Commonwealth, 278 Va. 190, 193 (2009)). "If there is evidentiary support for the conviction, 'the reviewing court is not permitted to substitute its own judgment, even if its opinion might differ from the conclusions reached by the finder of fact at the trial.'" McGowan, 72 Va.App. at 521 (quoting Chavez v. Commonwealth, 69 Va.App. 149, 161 (2018)).

"Conspiracy requires a shared intent and joint action." Charity v. Commonwealth, 49 Va.App. 581, 585-86 (2007) (quoting Hix v. Commonwealth, 270 Va. 335, 347 (2005)). "Conspiracy requires . . . (1) an agreement between two or more persons, which constitutes the act; and (2) an intent thereby to achieve a certain objective[,] either an unlawful act or a lawful act by unlawful means." Id. at 586 (alterations in original) (quoting Hix, 270 Va at 347). "[T]he crime of conspiracy is complete when the parties agree to commit an offense. . . . No overt act in furtherance of the underlying crime is necessary." Id. (quoting Gray v. Commonwealth, 260 Va. 675, 680 (2000)). "[A] conspiracy may be inferred by actions alone." Id. at 587. "[B]ecause of the very nature of the offense, '[a conspiracy] often may be...