Testerman v. Commonwealth

OPINION

HALEY, Judge.

I. INTRODUCTION

The construction fraud statute, Code § 18.2-200.1, requires a person to receive an advance “upon a promise to perform construction.” Appealing his convictions under this statute, David Lee Testerman argues the evidence failed to prove he promised to perform construction since the advances he received paid only for supplies, not labor. He maintains he only promised to obtain supplies. We hold a person receiving an advance for supplies obtains an advance under this statute where the advance comes as a result of, or because of, a promise to perform…