Clark v. Commonwealth

MOON, Chief Judge.

Timothy Lamont Clark appeals his conviction for statutory burglary. He contends that he could not be convicted of a violation of Code § 18.2-90 because he lawfully entered the store when it was open to the public. We hold that under Code § 18.2-90, a person who enters a store intending to commit robbery therein, enters the store unlawfully. Therefore, we affirm the conviction.

Clark was indicted on charges of robbery, statutory burglary, and use of a firearm in the commission of robbery. The statutory burglary indictment charged that Clark “unlawfully *675and feloniously, while…