Penley v. Commonwealth

ANNUNZIATA, Judge.

Appellant was convicted in a jury trial of obtaining utility service by fraud in violation of Code § 18.2-187.1. He contends that the evidence was insufficient to prove that he obtained utility services valued at more than $200 and that the trial court erred when it failed to strike the Commonwealth’s case. We agree and reverse appellant’s conviction.

Background

The facts are not in dispute. On April 29, 2005, a Dominion Virginia Power (“Dominion”) employee, Carl Wohlleb, visited appellant’s house to determine whether electricity continued to be used following an earlier meter…