Commonwealth v. Painter

By Judge John J. McGrath, Jr.

This case is before the Court on Defendant’s Motion to Dismiss and Exclude Evidence.

Facts

On November 18, 2003, the Defendant appeared in the Rockingham County General District Court for a preliminary hearing on a “Warrant of Arrest-Felony” charging Third Offence Petit Larceny in violation of § 18.2-96 of the Code of Virginia. The Commonwealth presented sworn testimony on the present larceny but failed to offer evidence of two prior convictions of Petit Larceny as required for the crime charged. The Court, *456therefore, reduced the charge to Petit Larceny, a…