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CONKLING v. COM.

Record No. 1917-04-1.

612 S.E.2d 235 (2005)

45 Va. App. 518

Bryan Christopher CONKLING v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia.

May 3, 2005.

Attorney(s) appearing for the Case

Edward W. Webb (Senior Assistant Public Defender, on brief), for appellant.

Kathleen B. Martin, Assistant Attorney General (Jerry W. Kilgore, Attorney General, on brief), for appellee.

Present: FITZPATRICK, C.J., FELTON and KELSEY, JJ.

JOHANNA L. FITZPATRICK, Chief Judge.

Bryan Christopher Conkling (appellant) was found guilty of petit larceny, third or subsequent offense pursuant to Code §§ 18.2-96, 18.2-104, and 18.2-10. The sole issue on appeal is whether a juvenile larceny adjudication can be used as the basis for enhanced punishment under Code § 18.2-104. We hold that it cannot, and reverse.

I. BACKGROUND

The facts of this case are uncontroverted. Appellant...

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