FITZGERALD v. COM.

Record No. 0234-89-3.

401 S.E.2d 208 (1991)

Glenn W. FITZGERALD v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia.

Rehearing en banc Granted March 22, 1991.


Attorney(s) appearing for the Case

J. Harold Eads, Fincastle, for appellant.

Robert H. Anderson, III, Asst. Atty. Gen. (Mary Sue Terry, Atty. Gen., on brief) for appellee.

Present: BARROW, BENTON and COLEMAN, JJ.


BARROW, Judge.

In this criminal appeal we address whether one may be convicted of destruction of private property in violation of Code § 18.2-137, in addition to being convicted of burglary in violation of Code § 18.2-91, as a result of causing damage to property when breaking and entering a building. We conclude that a person may be convicted of both offenses because each offense requires proof of a fact not required for the other.

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