Conkling v. Commonwealth

JOHANNA L. FITZPATRICK, Chief Judge.

Bryan Christopher Conkling (appellant) was found guilty of petit larceny, third or subsequent offense pursuant to Code §§ 18.2-96, 18.2-104, and 18.2-10. The sole issue on appeal is whether a juvenile larceny adjudication can be used as the basis for enhanced punishment under Code § 18.2-104. We hold that it cannot, and reverse.

I. BACKGROUND

The facts of this case are uncontroverted. Appellant stipulated before Judge Alan Rosenblatt 1 that he took a PlayStation 2, valued at less than $200, from a relative at a family reunion. Prior to this offense, appellant…