Perry v. Commonwealth

OVERTON, Senior Judge.

In the trial court, appellant, utilizing the procedure approved in North Carolina v. Alford, 400 U.S. 25, 91 S.Ct. 160, 27 L.Ed.2d 162 (1970), entered pleas of guilty to grand larceny and to breaking and entering. Appellant contends that because the Commonwealth’s evidence failed to prove the structure allegedly entered was a structure permanently affixed to realty or other structure included in Code §§ 18.2-90 and 18.2-91, the evidence was insufficient as a matter of law to convict him of breaking and entering pursuant to his Alford plea. We hold that appellant waived…