Sylvestre v. Commonwealth

Opinion

DUFF, J.

The issue presented by this appeal is whether the Commonwealth’s evidence was sufficient to sustain Karen J. Sylvestre’s conviction under Code § 18.2-181 (bad check law). Sylvestre also contends that Code § 18.2-183, providing for an evidentiary presumption of fraudulent intent, was unconstitutionally applied to her because the Commonwealth’s evidence showed that she never received the notice letter from the payee of the check. Upon careful review of the record and the authorities cited, we reverse the conviction.

I

The record shows that on May 8, 1987, Karen Sylvestre drew a…