Freeman v. Commonwealth

Opinion

WILLIS, J.

On June 6, 1990, Jerome Lee Freeman, the appellant, was convicted in a bench trial of burglary in violation of Code § 18.2-91. On April 16, 1990, he had been tried for a misdemeanor charge of petit larceny arising from the same transaction. On appeal, Freeman contends (1) the prosecution for burglary in the circuit court was barred by double jeopardy, (2) the trial for burglary was a “successive prosecution,” and (3) this court’s ruling in Low v. Commonwealth, 11 Va. App. 48, 396 S.E.2d 383 (1990), controls this decision. We combine issues one and two. We find no error and…