Lewis v. Commonwealth (U)

Although the trial court did not specify which missing items formed the basis of the defendant’s conviction of grand larceny, the evidence established that she took items of both jewelry and silver that she didn’t have permission to possess. From this, the trial court could reasonably conclude beyond a reasonable doubt that she had taken all of the missing jewelry and silver. The evidence was sufficient to allow the trial court to enter a restitution award far in excess of the $58,054 it actually awarded. That it did not do so appears to have been an act of lenity.

Affirmed.

Lewis v. Commonwealth (U), No. 1093-17-2, Oct. 16, 2018. CAV (Russell) from City of Richmond (Jenkins).



Categories: Court of Appeals of Virginia, Opinions, Unpublished

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