749 S.E.2d 218
Va. Ct. App.2013Background
- House at 6207 Roanoke Avenue in Newport News had been unoccupied since resident's death.
- Neighbors discovered activity under the house; copper pipes were being removed from a crawl space with the door cut/open.
- Appellant Levin Grimes emerged from the crawl space carrying copper pipe; other items were loaded into a truck.
- Police recovered 106 pounds of copper pipes and tools from the yard, crawl space, and truck; appellant was stopped and found with cutting tools.
- Commonwealth sought to prove value of the stolen pipes; expert value testimony was struck; evidence of replacement cost was insufficient to prove market/actual value.
- Appellant was charged with grand larceny, conspiracy to commit grand larceny, larceny with intent to sell/distribute $200+, conspiracy to commit such larceny, felony destruction of property, statutory burglary, and possession of burglary tools; verdicts issued with burglary affirmed and other convictions remanded for new trial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Commonwealth proved value of stolen pipes $200+ | Grimes: value established by replacement cost evidence | Grimes: no market/actual value shown; replacement value insufficient | Convictions reversed for value-based offenses; remanded for new trial |
| Whether crawl space constitutes part of dwelling for burglary | Commonwealth: crawl space enclosed within walls; constitutes dwelling | Grimes: not entering dwelling proper | Conviction for statutory burglary affirmed; crawl space deemed part of dwelling for burglary purposes |
Key Cases Cited
- Giles v. Commonwealth, 277 Va. 369, 672 S.E.2d 879 (2009) (definition of dwelling and burglary scope)
- Lacey v. Commonwealth, 54 Va. App. 32, 675 S.E.2d 846 (2009) (garage as part of dwelling for burglary)
- Baylor v. Commonwealth, 55 Va. App. 82, 683 S.E.2d 843 (2009) (replacement value not controlling without actual/market value evidence)
- Dunn v. Commonwealth, 222 Va. 704, 284 S.E.2d 792 (1981) (actual value required when market value absent)
- Parker v. Commonwealth, 254 Va. 118, 489 S.E.2d 482 (1997) (value as time-of-theft consideration for larceny)
- Donatelli & Klein, Inc. v. Bd. of Supervisors, 228 Va. 620, 325 S.E.2d 342 (1985) (concept of fair market value in appraisal)