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Ferrell v. Commonwealth12/11/1990
BAKER, J.
Larabee Bryan Ferrell (appellant) was indicted, tried by jury in the Circuit Court of the City of Chesapeake (trial court), and convicted of: (1) breaking and entering the storehouse of Bill Elliott's Used Autos on or about November 9, 1985 and November 11, 1985; (2) breaking and entering the storehouse of Greenleaf Auto on or about December 4, 1985; (3) stealing a 1973 Cadillac automobile on December 4, 1985, which was owned by Greenleaf Auto; (4) breaking and entering the storehouse of Yale Materials of Virginia (Sydnor division) on or about December 10, 1985 and December 11, 1985; (5) stealing, on or about December 10, 1985 and December 11, 1985, from the premises of Sydnor, various items including a television, briefcase, tool box, tools, solar calculator and $45 in United States currency belonging to Tom Ricks of Sydnor Industrial Services; and (6) breaking and entering the storehouse of Cavalier Ford, on December 29, 1985. He appeals from judgments entered on each jury verdict.
Prior to his trial, appellant moved the trial court to grant him separate trials on each of the breaking and entering charges. His motion was overruled and all charges were tried together before the same jury. Appellant contends (1) the trial court erroneously refused to sever the trials on the four breaking and entering indictments; (2) the trial court, in violation of the Fifth Amendment to the Constitution of the United States, erroneously permitted a police officer to relate several of the preliminary questions he had asked appellant after he had informed appellant of his Miranda
rights; and (3) the trial court erroneously permitted the Commonwealth to introduce a list of items found in the stolen vehicle in which appellant was arrested, including several identification cards and license plates which belonged to other people.
Upon familiar principles, we view the evidence on appeal in the light most favorable to the Commonwealth, granting to it all reasonable inferences fairly deducible therefrom. Wright v. Commonwealth, 224 Va. 502, 505, 297 S.E.2d 711, 713 (1982). The record discloses that all of the break-ins were made into commercial business storehouses. Three of the four entries involved businesses engaged in sales and services of automobiles. The fourth was engaged in sales and services of industrial supplies.
On January 4, 1986, at approximately 3:00 a.m., appellant was arrested in Prince George County, Maryland, where he was charged by Laurel City police officer M. W. Bond with driving under the influence of alcohol. At that time, appellant was driving the 1973 Cadillac which had been stolen in Chesapeake from Greenleaf Auto. Bond first noticed the car because it had no rear license plate; however, a plate on the front bore Virginia numbers JWM-271. Bond decided to investigate. When he first activated his siren and lights, appellant continued to drive away from Bond until six blocks later, where he stopped when he found himself entering a one-way street from the wrong direction. As Bond approached the car, he observed numerous items of property in its back seat. There were two passengers in the front seat of the car, both of whom Bond recognized as local residents. As Bond neared the Cadillac he smelled the odor of alcohol and asked appellant to get out of the car.
When appellant was asked to produce some identification, he handed Bond a woman's (Patricia Gneville) driver's license. Bond looked at the license and asked appellant "what name was." Appellant responded that it was "Willie Coke." At this p
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