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Winslow v. Commonwealth

Court of Appeals of Virginia

December 23, 2014

DEWAYNE OLIVER WINSLOW
v.
COMMONWEALTH OF VIRGINIA

FROM THE CIRCUIT COURT OF ARLINGTON COUNTY. William T. Newman, Jr., Judge.

Dusty Sparrow, Assistant Public Defender (Helen Randolph, Assistant Public Defender II; Office of the Public Defender, on briefs), for appellant.

Susan Baumgartner, Assistant Attorney General (Mark R. Herring, Attorney General, on brief), for appellee.

Present: Judges Kelsey, Alston and Senior Judge Bumgardner. OPINION BY JUDGE D. ARTHUR KELSEY.

OPINION

Page 857

[64 Va.App. 124] D. ARTHUR KELSEY, JUDGE.

The trial court convicted Dewayne Oliver Winslow of one count of grand larceny of twenty dollars and two laptop computers from a parked automobile. On appeal, Winslow does not dispute that the larceny occurred, but he does contest the sufficiency of the evidence proving he " was the criminal agent." Appellant's Br. at 2. We disagree and affirm.

I.

When presented with a sufficiency challenge on appeal, we review the evidence in the " light most favorable" to the Commonwealth. Commonwealth v. Hudson, 265 Va. 505, 514, 578 S.E.2d 781, 786 (2003). This principle requires us to " discard the evidence of the accused in conflict with that of the Commonwealth, and regard as true all the credible evidence favorable to the Commonwealth and all fair inferences to be drawn therefrom." Parks v. Commonwealth, 221 Va. 492, 498, 270 S.E.2d 755, 759 (1980) (emphasis and internal quotation marks omitted).

In addition, our appellate review " is not limited to the evidence mentioned by a party in trial argument or by the trial court in its ruling." Perry v. Commonwealth, 280 Va. 572, 580, 701 S.E.2d 431, 436 (2010) (quoting Bolden v. Commonwealth, 275 Va. 144, 147, 654 S.E.2d 584, 586 (2008)). Instead, " an appellate court must consider all the evidence [64 Va.App. 125] admitted at trial that is contained in the record," id., and not limit itself to " merely the evidence that the reviewing court considers most trustworthy," Commonwealth v. Jenkins, 255 Va. 516, 522, 499 S.E.2d 263, 266 (1998).

So viewed, the record shows that Benjamin Duncan left work one afternoon in March 2012. He packed two laptop computers into a leather case and placed the case behind the driver's seat of his car. App. at 39. The laptops had an approximate total value of $2,700. Id. at 43, 45. Duncan then drove directly to a local mall and made no stops on the way. At about 6:30 p.m., he left his vehicle in the mall parking garage and entered the mall. Although Duncan thought

Page 858

that he had locked the car using the lock button on his key fob, it was possible that he had inadvertently hit the unlock button instead. Id. at 36. Approximately three hours later, he returned to his vehicle and began the drive home.

Duncan drove up to a toll booth and reached into his center console where he kept cash in a small metal box. Earlier that day, there had been approximately twenty dollars of U.S. currency in the box, which had been in the car for about one year and was used regularly by Duncan for parking fees and tolls. When he reached the toll booth, however, the box only contained a few " Egyptian coins" and " Egyptian bills" that were of no use to him. Id. at 38, 54. Because the money was missing, Duncan immediately " realized that somebody had probably been in [his] car and taken it," so he " reached back" to check on the case that ...


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