Yvonie Décor Charles v. Commonwealth of Virginia

HUMPHREYS, Judge.

Yvonie Décor Charles (“Charles”) was convicted at a bench trial in the Circuit Court of the City of Chesapeake (“trial court”) of two counts of petit larceny third offense, in violation of Code §§ 18.2-96 and 18.2-104. On appeal, Charles argues that the trial court erred in allowing the Commonwealth to amend the indictment from a charge of grand larceny to a charge of petit larceny third offense because the amendment changed the nature and character of the offense. She also argues that the evidence was insufficient to prove that she had the intent to steal.

I. BACKGROUND

“In…