Saponaro v. Commonwealth

McCLANAHAN, Judge.

Joseph Mario Saponaro was convicted in a bench trial for credit card fraud, in violation of Code § 18.2-195. On appeal, Saponaro argues the trial court erred in denying his motion to strike the evidence. For the following reasons, we reverse his conviction.

BACKGROUND

The relevant facts are undisputed. Kenneth Weaver, a building contractor, employed Saponaro as a subcontractor for a number of commercial contracts. Weaver provided Saponaro with a business credit card to make purchases for Weaver’s construction business. Saponaro was in possession of the credit card for a period…