Harris v. Commonwealth

ELDER, Judge.

Phillip Deangelo Harris, Jr. (appellant) appeals his conviction of a third offense of petit larceny. He argues that his prior robbery conviction should not have been counted as a prior larceny conviction under Code § 18.2-104 because robbery is not a larceny or an offense deemed to be larceny or punished as larceny. He further argues that the court erred in finding that the probative value of admitting appellant’s prior robbery conviction as a robbery rather than a prior larceny conviction outweighed the prejudicial impact. Because we agree with appellant’s first contention, we…