Swinson v. Commonwealth

Opinion

MOON, C.J.

William Boyd Swinson appeals his conviction of obtaining money by false pretenses in violation of Code § 18.2-178. He alleges that the evidence was insufficient and that his punishment for a third offense was an improper sentence enhancement pursuant to Code § 19.2-297. We reverse the conviction and remand for a new trial because obtaining money by false pretenses is not the same offense as petit larceny for purposes of enhancement under Code § 19.2-297.

On December 20, 1990, appellant entered the Sears store in Colonial Heights. Katherine Walker, a Sears employee, observed…