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CLARK v. COM.

Record No. 2248-94-3.

472 S.E.2d 663 (1996)

22 Va. App. 673

Timothy CLARK, s/k/a Timothy Lamont Clark v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Salem.

Rehearing En Banc Granted August 30, 1996.

Attorney(s) appearing for the Case

Robert Bryan Haskins, Dry Fork (Turner, Haskins & Whitfield, on brief), for appellant.

Monica S. McElyea, Assistant Attorney General (James S. Gilmore, III, Attorney General, on brief), for appellee.

Present: MOON, C.J., and BENTON and COLEMAN, JJ.

MOON, Chief Judge.

Timothy Lamont Clark appeals his conviction for statutory burglary. He contends that he could not be convicted of a violation of Code § 18.2-90 because he lawfully entered the store when it was open to the public. We hold that under Code § 18.2-90, a person who enters a store intending to commit robbery therein, enters the store unlawfully. Therefore, we affirm the conviction.

Clark was indicted on charges of robbery, statutory...

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