CLAYTON MOTORS v. COM.

Record No. 0643-91-2.

417 S.E.2d 314 (1992)

CLAYTON MOTORS, a/k/a Tony Surrell, a/k/a Bernard Lightfoot v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia.

May 19, 1992.


Attorney(s) appearing for the Case

Andrea C. Long, Richmond (David E. Boone; Boone, Beale, Carpenter & Cosby, on brief), for appellant.

Michael T. Judge, Asst. Atty. Gen. (Mary Sue Terry, Atty. Gen., on brief), for appellee.

Present: BARROW, BENTON and DUFF, JJ.


BARROW, Judge.

This appeal is from convictions in a single trial of larceny, robbery and use of a firearm in commission of the robbery. The issue is whether the defendant was twice placed in jeopardy because he was convicted of larceny of the same property that he took during the course of the robbery for which he was also convicted. We conclude that, because larceny is a lesser included offense of robbery, double jeopardy barred his conviction for both offenses and...

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