PITTS v. COM.

Record No. 2039-10-1.

716 S.E.2d 137 (2011)

58 Va. App. 741

Carl Leroy PITTS, III v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Chesapeake.

October 11, 2011.


Attorney(s) appearing for the Case

Tanya Bullock (Bullock & Cooper, P.C., Virginia Beach, on brief), for appellant.

Joshua M. Didlake , Assistant Attorney General ( Kenneth T. Cuccinelli, II , Attorney General; Richard B. Smith , Special Assistant Attorney General, on brief), for appellee.

Present: FELTON, C.J., ELDER, J., and WILLIS, S.J.


WILLIS, JR., Judge.

On appeal from his felony conviction of third offense petit larceny in violation of Code § 18.2-104, Carl Leroy Pitts contends the trial court erred in holding that his prior conviction of attempted petit larceny was a predicate offense cognizable under the statute. We disagree and affirm.

At trial, Pitts stipulated that the evidence was sufficient to prove he stole an item with a value of less than $200. He conceded that he had suffered...

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