Johns v. Commonwealth

RANDOLPH A. BEALES, Judge.

Michael Romulus Johns (appellant) appeals his statutory burglary conviction. 1 He contends that the building that he entered was not a “dwelling house,” and, therefore, he cannot be convicted of statutory burglary under Code § 18.2-91. Given the particular offense with which appellant was charged, we find appellant did not enter a “dwelling house,” as that term is defined under Virginia law. Therefore, we reverse and dismiss his burglary conviction.

BACKGROUND

John Pouloutides, through his corporation, owned a house at 39 Prospect Parkway in the City of Portsmouth. The…