Judge Dominique A. Callins

Jul 20, 2022

Use of car exceeded scope of permission

There was sufficient evidence to convict appellant for unlawful use of a motor vehicle where the court found the vehicle owner was more credible than appellant. Credibility “A conviction for unauthorized use of a vehicle under Code § 18.2-102 ‘requires proof of use without the consent of the owner with intent to deprive the owner […]

Jun 23, 2022

Evidence supports theft and firearms convictions

Where the court convicted appellant of robbery, use of a firearm in commission of a felony and obtaining money by false pretenses, there was sufficient evidence to support the convictions. Competing versions Singleton, the robbery victim, testified that appellant Henry asked Singleton’s friend for a cigarette. The friend gave him one. Singleton said that Henry […]

Apr 28, 2022

Insufficient evidence for larceny conviction

Appellant’s grand larceny conviction is reversed because the indictment charges that the theft occurred months after the date of a surveillance video offered as evidence of the theft. Background The indictment charged that on Oct. 19, 2019, appellant Goldman stole tools from a construction site. S.B. Ballard Construction was the general contractor. At trial, Chambers, […]

Apr 4, 2022

Burglary and larceny convictions affirmed

There was sufficient circumstantial evidence that appellant stole jewelry from the victim’s home. Appellant argues that he presented a reasonable hypothesis of innocence. But his statements to an investigator and his conflicting trial testimony “not only fails to establish his innocence, it implicates him as the most likely individual to have committed the offenses.” Evidence […]