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WELCH v. COMMONWEALTH

Record No. 1985-22-3.

896 S.E.2d 867 (2024)

79 Va. App. 760

Rhoda Faye WELCH v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Christiansburg.

February 6, 2024.

Attorney(s) appearing for the Case

Kelsey Bulger , Senior Appellate Attorney ( Jennifer T. Stanton , Senior Appellate Attorney; Indigent Defense Commission, on briefs), for appellant.

John W. Beamer , Assistant Attorney General ( Jason S. Miyares , Attorney General; Andrew T. Hull , Assistant Attorney General, on brief), for appellee.

Present: Judges Humphreys, Friedman and White.

OPINION BY JUDGE FRANK K. FRIEDMAN

This is a case that examines the boundaries of criminal intent where Rhoda Faye Welch challenged her petit larceny charge with the defense that she genuinely believed the computer tablet she spotted in a convenience store was "lost" or "abandoned" property. Consistent with this "claim-of-right" theory, Welch asserts that, when she left the store with the tablet, she lacked the requisite intent for a conviction. After...

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