Johnson v. Commonwealth

Opinion

KOONTZ, J.

Lacy Hughes Johnson (Johnson) appeals his conviction in a bench trial on a charge of breaking and entering with the intent to commit a misdemeanor, Code § 18.2-92. Johnson asserts that Code § 18.2-92 requires that at the time of entry by an accused, the dwelling must be physically occupied. Johnson *443further asserts that the evidence was insufficient to show that he broke and entered the home or that he did so with the requisite intent to commit a misdemeanor. For the reasons that follow, we affirm Johnson’s conviction.

I

FACTUAL BACKGROUND

Johnson was indicted on a charge of…