Taylor v. Commonwealth
708 S.E.2d 241
Va. Ct. App.2011Background
- Taylor was convicted of unauthorized use of an automobile under Code § 18.2-102 after a bench trial where he had been acquitted of grand larceny.
- The victim’s car was stolen in Colonial Heights on January 30, 2009; Taylor admitted being in the car on February 3, 2009 as a passenger but claimed no prior knowledge of theft.
- The car was later found in Chesterfield County (February 4, 2009) with a disposable camera showing Taylor with the vehicle inside the car.
- Taylor argued he did not steal or use the car and that venue had not been proven; the circuit court treated unauthorized use as a lesser-included offense of grand larceny and found him guilty.
- The Commonwealth conceded it failed to prove Taylor used the vehicle in Colonial Heights but argued venue was proper because the theft occurred there and unauthorized use was a lesser offense.
- The appellate court held the knowledge issue was not preserved for review and the venue issue was improper, remanding for a new trial in a proper venue.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Knowledge of stolen character | Taylor argues he did not know the car was stolen. | Commonwealth contends sufficient knowledge proof. | Issue waived; no preservation. |
| Venue for unauthorized use | Taylor argues venue inadequate because use occurred outside Colonial Heights. | Commonwealth argues continuing-offense theory and venue by original theft. | Venue improper; remand for new trial in proper venue. |
Key Cases Cited
- Murillo-Rodriguez v. Commonwealth, 279 Va. 64 (2010) (preservation for sufficiency challenges in bench trials)
- Howard v. Commonwealth, 21 Va.App. 473 (1995) (motion-to-strike and preservation standards)
- United Leasing Corp. v. Lehner Family Bus. Trust, 279 Va. 510 (2010) (renewed motions and preservation requirements)
- Keesee v. Commonwealth, 216 Va. 174 (1975) (burden to prove venue; strong presumption in venue)
- Meeks v. Commonwealth, 274 Va. 798 (2007) (venue proof standards in Virginia)
- Randall v. Commonwealth, 183 Va. 182 (1944) (venue not presumed; must be proved)
- Gheorghiu v. Commonwealth, 280 Va. 678 (2010) (venue considerations; no element of venue)
- Morris v. Commonwealth, 51 Va. App. 459 (2008) (venue evaluation on appeal)
- Sutherland v. Commonwealth, 6 Va.App. 378 (1988) (indictment-alone venue insufficiency)
- Davis v. Commonwealth, 14 Va.App. 709 (1992) (continuing-offense theory and venue limitations)
- Thomas v. Commonwealth, 38 Va.App. 319 (2002) (remand for improper venue; transfer possible)
- Pollard v. Commonwealth, 220 Va. 723 (1969) (remand for proper venue when venue deficient)