James Lee Frango v. Commonwealth of Virginia

RUSSELL, Judge.

James Lee Frango, appellant, was convicted of grand larceny of timber in violation of Code § 55-334.1 and, for unrelated conduct, second offense misdemeanor petit larceny. On appeal, he argues that the evidence was insufficient to sustain the conviction for violation of Code § 55-334.1 because the Commonwealth failed to prove that the timber had any value, let alone that the timber was worth $200. He also contends the trial court erred in sentencing him to two years’ incarceration on the second offense petit larceny conviction. For the following reasons, we reverse and remand…