DiMaio v. Commonwealth
Virginia Supreme Court
272 Va. 504, 636 S.E.2d 456 (2006)
Jeremy Dion DiMaio (defendant) stole hundreds of computer files, forms, and software from his company. The Commonwealth of Virginia (plaintiff) prosecuted DiMaio for larceny, a charge that required proof that the stolen property was worth more than $200. Witnesses at DiMaio's bench trial included the company's chief financial officer, who testified that the files were worth more than $10,000, and the company's in-house counsel, who testified that he would need to spend $3,790 for new software and between $5,000 and $7,000 to recreate the forms. DiMaio did not object to either witness's testimony. The judge found DiMaio guilty and an appellate court affirmed the conviction. DiMaio appealed to the Supreme Court of Virginia, which agreed to consider whether the prosecution had established the value of the stolen files.
Rule of Law
Holding and Reasoning (Hassell, C.J.)
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