section 18.2-137(b) felony property damage (Virginia) · Go Syfert
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section 18.2-137(b) felony property damage in Virginia

5 Virginia opinions name it 1 courts 2011–2024 3 in the last five years

The cases below were cited by Virginia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (6)

CaseFollowedCited
Scott v. Commonwealthgreen
vactapp · 2011 · cited in 2 Virginia opinions naming this issue, 2012–2024
2 sentences

2024Property Damage A conviction for property damage under Code § 18.2-137(B) requires proof that “a person perform[ed] a volitional act that damage[d] the property of another and the person specifically intend[ed] to cause damage to the property by that act.” Knight v. Commonwealth, 61 Va. App. 148, 162 (2012) (quoting Scott v. Commonwealth, 58 Va. App. 35, 49 (2011)).

2012Reversed and remanded. 4 See Scott, 58 Va. App. at 39 , 707 S.E.2d at 19 (reversing a conviction for felony property damage under Code § 18.2-137(B) and “remand[ing] for re-sentencing on the lesser-included offense set forth in Code § 18.2-137(A)”).

22
Scott Edward Knight v. Commonwealth of Virginiagreen
vactapp · 2012 · cited in 1 Virginia opinions naming this issue, 2024–2024
1 sentence

2024Property Damage A conviction for property damage under Code § 18.2-137(B) requires proof that “a person perform[ed] a volitional act that damage[d] the property of another and the person specifically intend[ed] to cause damage to the property by that act.” Knight v. Commonwealth, 61 Va. App. 148, 162 (2012) (quoting Scott v. Commonwealth, 58 Va. App. 35, 49 (2011)).

11
Burrell v. Commonwealthgreen
vactapp · 2011 · cited in 1 Virginia opinions naming this issue, 2022–2022
1 sentence

2022Standard of Review When reviewing the sufficiency of the evidence, this Court presumes the trial court’s judgment is correct, gives the judgment “the same weight as a jury verdict,” and will not disturb it on appeal unless it is “plainly wrong or without evidence to support it.” Sierra v. Commonwealth, 59 Va. App. 770, 775 (2012) (quoting Burrell v. Commonwealth, 58 Va. App. 417, 433 (2011)); Smallwood v. Commonwealth, 72 Va. App. 119 , 127 (2020) (quoting Pijor v. Commonwealth, 294 Va. 502, 512 (2017)). “[T[he evidence and all reasonable inferences flowing therefrom must be viewed in the ligh

11
Sierra v. Commonwealthgreen
vactapp · 2012 · cited in 1 Virginia opinions naming this issue, 2022–2022
1 sentence

2022Standard of Review When reviewing the sufficiency of the evidence, this Court presumes the trial court’s judgment is correct, gives the judgment “the same weight as a jury verdict,” and will not disturb it on appeal unless it is “plainly wrong or without evidence to support it.” Sierra v. Commonwealth, 59 Va. App. 770, 775 (2012) (quoting Burrell v. Commonwealth, 58 Va. App. 417, 433 (2011)); Smallwood v. Commonwealth, 72 Va. App. 119 , 127 (2020) (quoting Pijor v. Commonwealth, 294 Va. 502, 512 (2017)). “[T[he evidence and all reasonable inferences flowing therefrom must be viewed in the ligh

11
Crowder v. Commonwealthgreen
vactapp · 2003 · cited in 1 Virginia opinions naming this issue, 2022–2022
1 sentence

2022See, e.g., Crowder v. Commonwealth, 41 Va. App. 658, 664-65 (2003) (reversing a conviction when the owner failed to testify to the estimated value of his destroyed crops); Gilliam v. Commonwealth, No. 1254-12-1, slip op. at 10 (Va. Ct. App. May 27, 2014) (holding the Commonwealth failed to prove beyond a reasonable doubt that the cost of repair was $1,000 or more when the only testimony regarding the cost was an inadmissible hearsay statement); Brown v. Commonwealth, No. 2825-07-1, slip op. at 11 (Va. Ct. App. Jan. 27, 2009) (reversing a conviction where the only testimony as to value was the

11
Pijor v. Commonwealthgreen
va · 2017 · cited in 1 Virginia opinions naming this issue, 2022–2022
1 sentence

2022Standard of Review When reviewing the sufficiency of the evidence, this Court presumes the trial court’s judgment is correct, gives the judgment “the same weight as a jury verdict,” and will not disturb it on appeal unless it is “plainly wrong or without evidence to support it.” Sierra v. Commonwealth, 59 Va. App. 770, 775 (2012) (quoting Burrell v. Commonwealth, 58 Va. App. 417, 433 (2011)); Smallwood v. Commonwealth, 72 Va. App. 119 , 127 (2020) (quoting Pijor v. Commonwealth, 294 Va. 502, 512 (2017)). “[T[he evidence and all reasonable inferences flowing therefrom must be viewed in the ligh

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Virginia. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
Enriquez v. Commonwealth green
va · 2012
1 sentence

2022Standard of Review When reviewing the sufficiency of the evidence, this Court presumes the trial court’s judgment is correct, gives the judgment “the same weight as a jury verdict,” and will not disturb it on appeal unless it is “plainly wrong or without evidence to support it.” Sierra v. Commonwealth, 59 Va. App. 770, 775 (2012) (quoting Burrell v. Commonwealth, 58 Va. App. 417, 433 (2011)); Smallwood v. Commonwealth, 72 Va. App. 119 , 127 (2020) (quoting Pijor v. Commonwealth, 294 Va. 502, 512 (2017)). “[T[he evidence and all reasonable inferences flowing therefrom must be viewed in the ligh

12022–2022
Crowder v. Commonwealth green
vactapp · 1993
2 sentences

2011He argues the trial court erred as a matter of law when it applied our decision in Crowder v. Commonwealth, 16 Va.App. 382 , 429 S.E.2d 893 , aff'd en banc, 17 Va.App. 202 , 436 S.E.2d 192 (1993), to convict him on the basis that “even criminal negligence is sufficient to support a conviction under the statute.” Scott further argues the evidence was insufficient to support a conviction under the statute as properly understood.

2011He argues the trial court erred as a matter of law when it applied our decision in Crowder v. Commonwealth, 16 Va.App. 382 , 429 S.E.2d 893 , aff'd en banc, 17 Va.App. 202 , 436 S.E.2d 192 (1993), to convict him on the basis that “even criminal negligence is sufficient to support a conviction under the statute.” Scott further argues the evidence was insufficient to support a conviction under the statute as properly understood.

12011–2011
Crowder v. Commonwealth neutral
vactapp · 1993
2 sentences

2011He argues the trial court erred as a matter of law when it applied our decision in Crowder v. Commonwealth, 16 Va.App. 382 , 429 S.E.2d 893 , aff'd en banc, 17 Va.App. 202 , 436 S.E.2d 192 (1993), to convict him on the basis that “even criminal negligence is sufficient to support a conviction under the statute.” Scott further argues the evidence was insufficient to support a conviction under the statute as properly understood.

2011He argues the trial court erred as a matter of law when it applied our decision in Crowder v. Commonwealth, 16 Va.App. 382 , 429 S.E.2d 893 , aff'd en banc, 17 Va.App. 202 , 436 S.E.2d 192 (1993), to convict him on the basis that “even criminal negligence is sufficient to support a conviction under the statute.” Scott further argues the evidence was insufficient to support a conviction under the statute as properly understood.

12011–2011

Statutes the citing opinions construe

VA § Va. Code Ann. § 18.2-137 (5) VA § Va. Code Ann. § 17.1-413 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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