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Home / Opinion Digests / Criminal – Shoplifting – Enhanced Penalty – Prior Uncounseled Convictions (access required)

Criminal – Shoplifting – Enhanced Penalty – Prior Uncounseled Convictions (access required)

Where the commonwealth, in prosecuting a shoplifting case, presented evidence of prior convictions for which the defendant had assistance of counsel as well as uncounseled prior convictions, the trial court properly selected two convictions involving assistance of counsel as the basis for an enhanced penalty. To trigger the enhanced penalty provision of Code § 18.2-104(b), ...