Burton v. Commonwealth
58 Va. App. 274
| Va. Ct. App. | 2011Background
- Burton was convicted of grand larceny in a bench trial in the Court of Appeals of Virginia.
- The victim, Richard Dabney, died on May 2, 2009; his house was entered and items were stolen two days later.
- Coins were kept in large jars in Dabney’s house; two gallon jars were nearly full of quarters/dimes/nickels, plus smaller jars of pennies, nickels, dimes.
- Burton took Dabney’s Harley-Davidson motorcycle on May 4 for appraisal and later cashed $385.80 in coins at a Food Lion cash machine.
- Police recovered Dabney’s rifle and a jacket from Burton’s home two days after the Food Lion cashing and Burton’s subsequent arrest.
- The trial court admitted lay testimony valuing the coins and found the coins amounted to grand larceny worth $200 or more.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of lay coin-value testimony | Dabney’s coins valued by a nonexpert was speculative | Value testimony lacked foundation | Admissible; owner/possessor knowledge supports value testimony |
| Sufficiency of evidence for grand larceny | Unexplained possession plus matching items proves larceny | Insufficient link to victim’s ownership and value | Sufficient evidence supports grand larceny |
| Identity/link of coins to missing property | Circumstantial evidence links coins to Dabney’s theft | No direct proof coins were the exact missing coins | Rational factfinder could conclude coins were Dabney’s and thus value over $200 |
Key Cases Cited
- Walls v. Commonwealth, 248 Va. 480 (Va. 1994) (value of personal property admissibility)
- Wright v. Commonwealth, 196 Va. 132 (Va. 1954) (face value as prima facie evidence of value of currency)
- Henderson v. Commonwealth, 215 Va. 811 (Va. 1975) (identification not always required for recently stolen goods)
- Reese v. Commonwealth, 219 Va. 671 (Va. 1979) (no strict proof of identity required; circumstantial sufficiency)