Mar 11, 2020
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Granted Appeal Summary
RICKY DEAN TATE, JR. v. COMMONWEALTH OF VIRGINIA (Record Number
The Court of Appeals of Virginia
James C. Martin (Martin & Martin Law Firm) for
Tyler A. Klink (Office of the Commonwealth’s Attorney) for appellee.
Assignments of Error
1. The Court of Appeals erred in upholding the trial court’s ruling that the evidence was sufficient to convict Tate in the Morch/Sheets/Wilner statutory burglary and grand larceny case, where the case was based on the inherently incredible testimony of a co-defendant, Tate testified and denied guilt, and not all of the proper LLC director witnesses testified for the Commonwealth with regard to the lack of permission for Tate to enter or take the items.
2. The Court of Appeals erred in upholding the trial court’s failure to apply the single larceny doctrine in the Hrebenak case, in which the taking of a motor vehicle part or parts was the result of a single impulse with the taking of the other items, and thus the second larceny charge should have been dismissed.
3. The Court of Appeals erred in upholding the trial court’s ruling that the evidence was sufficient to convict Tate of grand larceny of tires in the Blue Moon Tattoo Parlor case.