GRAVES v. COM.

Record No. 0089-94-1.

462 S.E.2d 902 (1995)

21 Va. App. 161

Delano Leroy GRAVES v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Norfolk.

Rehearing En Banc Granted November 29, 1995.


Attorney(s) appearing for the Case

Willard M. Robinson, Jr. (Hall, Fox, AtLee and Robinson, P.C., on brief), Norfolk, for appellant.

Robert B. Beasley, Jr., Assistant Attorney General (James S. Gilmore, III, Attorney General, on brief), for appellee.

Present: COLEMAN, WILLIS and BRAY, JJ.


WILLIS, Judge.

On appeal from his conviction of grand larceny from the person, Delano Leroy Graves contends the trial court erred in reducing the original robbery charge to grand larceny from the person. We agree and reverse the judgment of the trial court.

On August 25, 1992, while robbing the Open House Diner in Newport News, Graves snatched a twenty dollar bill out of the hand of Richard Epes McMurran, Jr., a customer. He was charged with robbing McMurran...

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