PENLEY v. COM.

Record No. 3067-06-4.

655 S.E.2d 746 (2008)

51 Va. App. 166

Eckle Gladey PENLEY, Jr. v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Alexandria.

January 22, 2008.


Attorney(s) appearing for the Case

James J. Ilijevich for appellant.

Craig W. Stallard, Assistant Attorney General (Robert F. McDonnell, Attorney General, on brief), for appellee.

Present: FELTON, C.J., and ANNUNZIATA and FITZPATRICK, S.Js.


ANNUNZIATA, Judge.

Appellant was convicted in a jury trial of obtaining utility service by fraud in violation of Code § 18.2-187.1. He contends that the evidence was insufficient to prove that he obtained utility services valued at more than $200 and that the trial court erred when it failed to strike the Commonwealth's case. We agree and reverse appellant's conviction.

Background

The facts are not in dispute. On April 29, 2005, a Dominion...

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