Virginia Code

Va. Code Ann. § 19.2-297 (2026)

Repealed

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Repealed by Acts 1994, c. 706.

Notes of Decisions
Cited in 16 cases, 1976–2010 · leading case: Snead v. Commonwealth, 400 S.E.2d 806 (Va. Ct. App. 1991).
Snead v. Commonwealth, 400 S.E.2d 806 (Va. Ct. App. 1991). · cites it 4× “2-104(b); and (4) whether Code § 19.2-297 should apply in this case to enhance punishment upon a conviction of willful concealment of merchandise following convictions of passing bad checks.”
Swinson v. Commonwealth, 434 S.E.2d 348 (Va. Ct. App. 1993). · cites it 14× “He alleges that the evidence was insufficient and that his punishment for a third offense was an improper sentence enhancement pursuant to Code § 19.2-297. We reverse the conviction and remand for a new trial because obtaining money by false pretenses is not the same offense as…”
Woodson v. Commonwealth, 431 S.E.2d 82 (Va. Ct. App. 1993). · cites it 6× “” Code § 19.2-297. If so, the defendant was to be “confined in jail not less than thirty days nor more than twelve months; and for a third, *541 or any subsequent offense,” he was to be found guilty of a Class 6 felony.”
Brown v. Commonwealth, 307 S.E.2d 239 (Va. 1983). · cites it 4× “2-297 explicitly requires that it be alleged in the indictment and either admitted or proved that the accused has previously been sentenced for larceny in order for the enhanced punishment provisions to become applicable. In the present case, the trial court exercised…”
Washington v. Commonwealth, 616 S.E.2d 774 (Va. Ct. App. 2005). · cites it 2× “2d 239 (1983), the Court addressed former Code § 19.2-297, a recidivism statute creating a compound larceny offense.”
Phillips v. Commonwealth, 694 S.E.2d 805 (Va. Ct. App. 2010). · cites it 2× “Code§ 19.2-297. l(A)(a). . Specifically, the trial court stated, "I don't know whether [the juveniles] were gang members or not____They could have been want-to-be’s, all dressed up for a costume party, for all I know.”
Scott v. Commonwealth, 230 S.E.2d 236 (Va. 1976). · cites it 2× “For example, Code § 19.2-297 provides enhanced punishment if, upon conviction of petit larceny, a defendant “has been before sentenced in the United States for the like offense.”
Washington v. Commonwealth, 604 S.E.2d 92 (Va. Ct. App. 2004). · cites it 2× “2d at 240 , the Supreme Court addressed admission of prior crimes under Code § 19.2-297, a statute that has since been repealed.”
William Boyd Swinson v. Commonwealth, No. 0157942 (Va. Ct. App. Oct. 3, 1995). · cites it 9× “2 Code § 19.2-297 provides: When a person is convicted of petit larceny, and it is alleged in the indictment on which he is convicted, and admitted, or found by the jury or judge before whom he is tried, that he has been before sentenced in the United States for any larceny of…”
Washington v. Com., 616 S.E.2d 774 (Va. Ct. App. 2005). · cites it 2× “2d 239 (1983), the Court addressed former Code § 19.2-297, a recidivism statute creating a compound larceny offense.”
Edwards v. Commonwealth, 315 S.E.2d 239 (Va. 1984). “2-181 and § 19.2-297, a Class 6 Felony. Upon conviction, she was sentenced to four years in the penitentiary.”
Gregory Eugene Coleman v. Commonwealth, No. 1331942 (Va. Ct. App. Aug. 1, 1995). · cites it 6× “1 Former Code § 19.2-297 provided: When a person is convicted of petit larceny, and it is alleged in the indictment on which he is convicted, and admitted, or found by the jury or judge before whom he is tried, that he has been before sentenced in the United States for any…”
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