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Clark v. Commonwealth

472 S.E.2d 663 (1996)

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Clark v. Commonwealth

Virginia Court of Appeals

472 S.E.2d 663 (1996)

Facts

Timothy Clark (defendant) entered a store in the evening, when the store was open for business, and asked an employee where the bathroom was located. Clark later approached a store clerk at the counter, pulled what appeared to be the handle of a gun from his pocket, and told the clerk to give him all the money in the cash drawer. Clark left with the money but was eventually apprehended. Clark was charged with robbery, statutory burglary, and use of a firearm during a robbery. Clark pleaded guilty to the robbery charge, was convicted of statutory burglary, and was found not guilty of the firearm charge. Clark appealed, alleging that the evidence was insufficient to sustain his conviction for burglary because he entered the store lawfully during normal business hours with the owner’s implied permission.

Rule of Law

Issue

Holding and Reasoning (Moon, C.J.)

Dissent (Benton, J.)

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