Allen v. Commonwealth

AGEE, Judge.

Reginald Lee Allen (the appellant) was convicted, in a bench trial, in the Circuit Court for the City of Danville of fourth offense larceny, a felony, in violation of Code § 18.2-104. The appellant was sentenced to serve a term of four years incarceration on May 1, 2000, with a portion suspended. The appellant appeals his conviction, averring the circuit court erred in failing to dismiss his indictment. For the following reasons, we agree with the appellant and reverse his conviction.

I. BACKGROUND

An arrest warrant was issued on October 21, 1999 against the appellant for a Class 1…