ROMINGER LEGAL
Virginia Legal Research & Resources - VA Legal Resources
Need Legal Help?
NOT FINDING WHAT YOU NEED? -CLICK HERE
This opinion or court case is from the Courts of Virginia. Search our site for more cases - CLICK HERE

LEGAL RESEARCH
COURT REPORTERS
PRIVATE INVESTIGATORS
PROCESS SERVERS
DOCUMENT RETRIEVERS
EXPERT WITNESSES

 

Find a Private Investigator

Find an Expert Witness

Find a Process Server

Case Law - save on Lexis / WestLaw.

 
Web Rominger Legal

Legal News - Legal Headlines

 

COURT OF APPEALS OF VIRGINIA



Present:  Chief Judge Fitzpatrick, Judges Frank and Clements
Argued at Richmond, Virginia


TIFFANY SHAKEYA POLLARD
  MEMORANDUM OPINION*
v. Record No. 1424-01-2 PER CURIAM
            APRIL 2, 2002
COMMONWEALTH OF VIRGINIA


FROM THE CIRCUIT COURT OF THE CITY OF RICHMOND
Learned D. Barry, Judge

 (Ali J. Amirshahi, on brief), for appellant.
Appellant submitting on brief.

 (Jerry W. Kilgore, Attorney General;  
Richard B. Smith, Senior Assistant Attorney
General, on brief), for appellee.  Appellee
submitting on brief.



Tiffany Shakeya Pollard, appellant, appeals her robbery
conviction.  Appellant contends the evidence was not sufficient to
show she intended to permanently deprive another of property.  
Finding no error, the judgment of the trial court is affirmed.
BACKGROUND
"On appeal, 'we review the evidence in the light most
favorable to the Commonwealth, granting to it all reasonable
inferences fairly deducible therefrom.'"  Archer v.
Commonwealth, 26 Va. App. 1, 11, 492 S.E.2d 826, 831 (1997)
(citation omitted). "The credibility of the witnesses and the
weight accorded the evidence are matters solely for the fact
finder who has the opportunity to see and hear that evidence as
it is presented."  Sandoval v. Commonwealth, 20 Va. App. 133,
138, 455 S.E.2d 730, 732 (1995).  "In its role of judging
witness credibility, the fact finder is entitled to disbelieve
the self-serving testimony of the accused and to conclude that
the accused is lying to conceal his guilt."  Marable v.
Commonwealth, 27 Va. App. 505, 509-10, 500 S.E.2d 233, 235
(1998).  The trier of fact is not required to accept a party's
evidence in its entirety, Barrett v. Commonwealth, 231 Va. 102,
107, 341 S.E.2d 190, 193 (1986), but is free to believe and
disbelieve in part or in whole the testimony of any witness.  
Rollston v. Commonwealth, 11 Va. App. 535, 547, 399 S.E.2d 823,
830 (1991).
In this light, the evidence showed that Sylvia Wimbush was in
her home on November 28, 2000, at 1:20 a.m., when appellant,
accompanied by three other people, knocked at Wimbush's door.  
Wimbush allowed the four people to enter her home.  Wimbush
admitted owing appellant and one other confederate money for
drugs.  Not having the money to pay her debt, appellant and the
others stated they were going to take some of her property for
"collateral."  James Brown was staying at the home and offered to
pay the debt at a later time.  One of the codefendants left and
returned with a firearm.  Appellant acquired the gun, pointed it
toward Wimbush, her daughter, and Brown.  Appellant directed her
confederates to take the property.  The group took a television,
stereo, and compact disc player.  Appellant returned the property
to Wimbush after she learned of the robbery warrant against her
for this taking.
ANALYSIS
"Robbery is defined at common law as '"the taking, with the
intent to steal, of the personal property of another, from his
person or in his presence, against his will by violence or
intimidation."' . . . The intent to steal means the intent to
deprive the owner permanently of his property."  Brown v.
Commonwealth, 24 Va. App. 292, 295, 482 S.E.2d 75, 77 (1997) (en
banc) (citations omitted).  "To take property under a bona fide
claim of right, as under . . . a bona fide attempt to enforce
payment of a debt, is not robbery though the taking be accompanied
by violence or putting in fear."  Pierce v. Commonwealth, 205 Va.
528, 533, 138 S.E.2d 28, 31 (1964) (citation omitted).  "But if
the claim of right is a mere pretext covering the intent to steal,
the taking by violence is robbery."  Id. at 533, 138 S.E.2d at 32
(citation omitted).
Although Wimbush admitted owing appellant $30, and one
other codefendant $110, there was a discrepancy in the evidence
as to how much money Wimbush owed.  Nevertheless, appellant took
possession of the gun and pointed it at Wimbush, her daughter,
and Brown, placing them in fear of bodily harm.  Wimbush did not
want appellant or the others to take the property as collateral
or otherwise.  Appellant refused to accept Brown's offer to pay
the debt later and took the property against Wimbush's will
under the pretext of satisfying the debt.  Further, the trial
court was entitled to disbelieve appellant's statements and
testimony that she took the property solely for collateral and
would have returned it upon payment of the debt.  Therefore, the
evidence was sufficient to prove appellant had the requisite
intent to permanently deprive Wimbush of the property.  
Accordingly, the judgment of the trial court is affirmed.
          Affirmed.


* Pursuant to Code   17.1-413, this opinion is not
designated for publication.









Ask a Lawyer

 

 

FREE CASE REVIEW BY A LOCAL LAWYER!
|
|
\/

Personal Injury Law
Accidents
Dog Bite
Legal Malpractice
Medical Malpractice
Other Professional Malpractice
Libel & Slander
Product Liability
Slip & Fall
Torts
Workplace Injury
Wrongful Death
Auto Accidents
Motorcycle Accidents
Bankruptcy
Chapter 7
Chapter 11
Business/Corporate Law
Business Formation
Business Planning
Franchising
Tax Planning
Traffic/Transportation Law
Moving Violations
Routine Infractions
Lemon Law
Manufacturer Defects
Securities Law
Securities Litigation
Shareholder Disputes
Insider Trading
Foreign Investment
Wills & Estates

Wills

Trusts
Estate Planning
Family Law
Adoption
Child Abuse
Child Custody
Child Support
Divorce - Contested
Divorce - Uncontested
Juvenile Criminal Law
Premarital Agreements
Spousal Support
Labor/Employment Law
Wrongful Termination
Sexual Harassment
Age Discrimination
Workers Compensation
Real Estate/Property Law
Condemnation / Eminent Domain
Broker Litigation
Title Litigation
Landlord/Tenant
Buying/Selling/Leasing
Foreclosures
Residential Real Estate Litigation
Commercial Real Estate Litigation
Construction Litigation
Banking/Finance Law
Debtor/Creditor
Consumer Protection
Venture Capital
Constitutional Law
Discrimination
Police Misconduct
Sexual Harassment
Privacy Rights
Criminal Law
DUI / DWI / DOI
Assault & Battery
White Collar Crimes
Sex Crimes
Homocide Defense
Civil Law
Insurance Bad Faith
Civil Rights
Contracts
Estate Planning, Wills & Trusts
Litigation/Trials
Social Security
Worker's Compensation
Probate, Will & Trusts
Intellectual Property
Patents
Trademarks
Copyrights
Tax Law
IRS Disputes
Filing/Compliance
Tax Planning
Tax Power of Attorney
Health Care Law
Disability
Elder Law
Government/Specialty Law
Immigration
Education
Trade Law
Agricultural/Environmental
IRS Issues

 


Google
Search Rominger Legal


 


LEGAL HELP FORUM - Potential Client ? Post your question.
LEGAL HELP FORUM - Attorney? Answer Questions, Maybe get hired!

NOW - CASE LAW - All 50 States - Federal Courts - Try it for FREE


 


Get Legal News
Enter your Email


Preview

We now have full text legal news
drawn from all the major sources!!

ADD A SEARCH ENGINE TO YOUR PAGE!!!

TELL A FRIEND ABOUT ROMINGER LEGAL

Ask Your Legal Question Now.

Pennsylvania Lawyer Help Board

Find An Attorney

TERMS OF USE - DISCLAIMER - LINKING POLICIES

Created and Developed by
Rominger Legal
Copyright 1997 - 2010.

A Division of
ROMINGER, INC.