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Virginia Court Reverses Defendant's Convictions for Receiving Stolen Property
July 01, 2009
Topic: Fraud, Theft & White Collar Crimes
The Virginia Supreme Court recently decided Whitehead v. Commonwealth and ruled that the Virginia Court of Appeals erred in affirming the multiple convictions for receiving stolen property and the revocation of the defendant's prior suspended sentences on unrelated offenses based in part upon the convictions at issue in the appeal. It was further held that the trial court was plainly wrong in holding that the defendant "received" the property merely because she benefited from the proceeds of its sale. The court noted that any arguments concerning constructive possession or concealment of stolen property were not properly raised below and therefore were not considered by the court in deciding the appeal. Because the trial court placed significant weight upon defendant's new convictions in the revocation of the suspension of her prior sentences, the defendant was entitled to a new hearing on her probation violation. The judgment of the Court of Appeals as to 32 convictions for receiving stolen property was therefore reversed and the indictments were dismissed by the Virginia Supreme Court. A copy of the opinion is available by clicking on the link at the end of this post.
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Attachments:
VaSupCt-Whitehead.pdf
