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Virginia Petit Grand Larceny Conviction Lawyers Attorney

by

Atchuthan Sriskandarajah

Samuel Richardson V. Commonwealth Of Virginia

Facts:

Defendant was convicted on two grand larceny and two petit larceny counts for stealing two purses from the same place at the same time and he was sentenced to a five year suspended penitentiary sentence for the

grand larceny convictions

, with a fifty month concurrent term for the felonious petit larceny convictions. Defendant sought en banc reconsideration of his conviction and sentence in the Circuit Court on two counts of grand larceny and two counts of felonious petit larceny for having stolen two purses at the same time. He contended that the theft of the purses constituted a single larceny as a matter of law.

Issue:

Whether the theft of two purses, which thefts occurred at or about the same time and from the same room, was a single larceny as a matter of law?

Discussion:

This court found that, as a matter of law, the theft of the two purses constituted a single grand larceny and that the petit larceny charges were subsumed by the grand larceny charge. Because the commonwealth’s evidence and the reasonable inferences that could be drawn there from failed to prove that the thefts were separate and distinct offenses, the court ruled that the crime constituted a single larceny as a matter of law. This court reversed his convictions on the two petit larceny counts and one of the grand larceny counts and affirmed his conviction on one count of grand larceny. The court remanded his case to the circuit court so that it could reconsider the suspension of his sentence on the grand larceny count in light of the reversal of the petit larceny counts.

Judgment:

The court reversed both of defendant’s petit larceny convictions and one of his

grand larceny convictions

, affirmed his conviction on one count of grand larceny, and remanded the case for reconsideration of his sentence based on the reversal of his conviction on the three counts.

Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm s unofficial views of the Justices opinions. The original opinions should be consulted for their authoritative content

Atchuthan Sriskandarajah is a Virginia lawyer and owner of the SRIS Law Group. The SRIS Law Group has offices in Virginia, Maryland,

Massachusetts

, New York, North Carolina & California. The firm handles criminal/traffic defense, family law, immigration & bankruptcy cases.

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