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TESTERMAN v. COM.

Record No. 2823-09-4.

699 S.E.2d 522 (2010)

57 Va. App. 164

David Lee TESTERMAN v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Alexandria.

October 5, 2010.

Attorney(s) appearing for the Case

Kevin J. Gerrity , Senior Assistant Public Defender (Office of the Public Defender, on brief), for appellant.

Craig W. Stallard , Assistant Attorney General ( Kenneth T. Cuccinelli, II , Attorney General, on brief), for appellee.

Present: HALEY and ALSTON, JJ., and CLEMENTS, S.J.

OPINION

HALEY, Judge.

I. INTRODUCTION

The construction fraud statute, Code § 18.2-200.1, requires a person to receive an advance "upon a promise to perform construction." Appealing his convictions under this statute, David Lee Testerman argues the evidence failed to prove he promised to perform construction since the advances he received paid only for supplies, not labor. He maintains he only promised to obtain supplies. We hold a person receiving...

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