FRANKLIN v. COM.

Record No. 3028-97-3.

508 S.E.2d 362 (1998)

28 Va. App. 719

Donny Lewis FRANKLIN, Jr. v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Salem.

December 29, 1998.


Attorney(s) appearing for the Case

(Paul F. Fantl; Office of the Public Defender, on brief), for appellant. Appellant submitting on brief.

H. Elizabeth Shaffer, Assistant Attorney General (Mark L. Earley, Attorney General; Ruth Ann Morken, Assistant Attorney General, on brief), for appellee.

Present: FITZPATRICK, C.J., and WILLIS and BUMGARDNER, JJ.


WILLIS, Judge.

On appeal from his conviction in a bench trial for statutory burglary with intent to commit assault, in violation of Code § 18.2-91, Donny Lewis Franklin, Jr., contends that the evidence fails to prove his entry into the subject premises and, thus, is insufficient to sustain his conviction. We disagree and affirm the judgment of the trial court.

On appeal, we view the evidence in the light most favorable to the Commonwealth, granting to...

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