Wendell Kirk Dean v. Commonwealth of Virginia
61 Va. App. 209
| Va. Ct. App. | 2012Background
- Dean robbed two Spotsylvania banks in Nov 2010; was apprehended fleeing the second robbery.
- After Miranda rights, Dean confessed to the second robbery and claimed prior Maryland robberies.
- Tellers identified Dean in both Spotsylvania robberies; indictment for two robberies, third or subsequent offense.
- Commonwealth sought to admit two Maryland robbery convictions as predicate offenses under Code § 19.2-297.1; trial court admitted them.
- Evidence showed Maryland convictions: 1983 robbery with deadly weapon; 1992 robbery with deadly weapon.
- Virginia defines robbery as a common-law crime; Maryland historically defined robbery similarly, but with evolving case law affecting similarity analysis.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Maryland robbery convictions are substantially similar to Virginia robbery for § 19.2-297.1 | Dean argues Maryland robbery is not substantially similar to Virginia robbery. | Commonwealth contends Maryland robbery is substantially similar under the statute. | Not substantially similar; convictions reversed and remanded for new trial. |
Key Cases Cited
- Shinault v. Commonwealth, 321 S.E.2d 652 (1984) (burden-shifting substantial-similarity analysis for out-of-state predicates)
- Rufty v. Commonwealth, 275 S.E.2d 584 (1981) (substantial similarity burden on defendant after showing similarity)
- Cox v. Commonwealth, 411 S.E.2d 444 (1991) (elements-based test for substantial similarity; compares state offenses' elements)
- Turner v. Commonwealth, 568 S.E.2d 468 (2002) (applies substantial similarity/conformity concepts to decide case)
- Branch v. Commonwealth, 300 S.E.2d 758 (1983) (robbery requires pre-existing intent to steal at time of force)
- Shepperson v. Commonwealth, 454 S.E.2d 5 (1995) (distinguishes between robbery and larceny when intent forms after force)
- Medici v. Commonwealth, 532 S.E.2d 28 (2000) (selects comparative approach between Virginia and California statutes for rape)
- Metheny v. State, 755 A.2d 1088 (2000) (Maryland afterthought robbery doctrine; defined timing of intent to steal)
- Stebbing v. State, 473 A.2d 903 (1984) (Maryland allows afterthought robbery when force precedes taking)