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BIVINS v. COM.

Record No. 1924-93-3.

454 S.E.2d 741 (1995)

James Manuel BIVINS, s/k/a James Manuel Bivens, v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Roanoke.

February 28, 1995.

Attorney(s) appearing for the Case

John Gregory, Jr. (A. Kristin Shandor, on briefs), Salem, for appellant.

Eugene Murphy, Asst. Atty. Gen. (James S. Gilmore, III, Atty. Gen., on brief), for appellee.

Present: BARROW, COLEMAN and KOONTZ, JJ.

KOONTZ, Judge.

James Manuel Bivins (Bivins) appeals his conviction for robbery of a convenience store clerk. Bivins asserts that the evidence was insufficient to show that he accomplished the taking by intimidation, rendering his crime larceny rather than robbery. Clarifying our holding in Harris v. Commonwealth, 3 Va.App. 519, 351 S.E.2d 356 (1986), we agree and reverse Bivins' conviction.

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