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Carter v. Commonwealth7/8/2003
Argued at Richmond, Virginia
MEMORANDUM OPINION
Chickan Carter was convicted in a bench trial of felony burglary, in violation of Code § 18.2-89, and misdemeanor peeping, in violation of Code § 18.2-130. On appeal, Carter contends that the trial court erred when it determined he possessed the intent required for a conviction of breaking and entering a dwelling with the intent to commit larceny. We affirm the judgment of the trial court.
I. BACKGROUND
On August 18, 2000, Ida Lewis, who lives alone, went to bed at approximately 11:00 p.m. Prior to going to bed, she closed and latched the windows in her house and closed and locked the doors. In her bedroom, she closed and latched the screen then she left the window approximately halfway open. Her window shade was left open at the same level as the window.
At approximately 2:45 a.m., on August 19, Ms. Lewis was awakened by a noise at her window. When she went to the window, she noticed it was all the way up and the shade was raised higher than when she had gone to bed. Initially, she believed the screen had been cut, but realized that it had been raised as far as possible. In the open window, Ms. Lewis saw Carter's face and chest. She picked up the telephone and told him she was calling 911. Carter stepped down and backed away from the window, but did not immediately run. She called 911 and began speaking with the 911 operator. Carter then ran.
At approximately 3:00 a.m. on August 19, two students, Jennifer Beales and Jessica Gillespie, saw a man dressed in all black run from behind Ms. Lewis' house, between their houses, and to a house across the street. Beales and Gillespie lived next door to Ms. Lewis. According to the two women, the man ran across the street, diagonally, to a house two or three houses away. The police arrived at Ms. Lewis' house shortly thereafter. Gillespie and Beales pointed out to Officer Bomgardner the house where the man had run.
Officer Bomgardner went to the house and found Carter sitting on the back deck. The officer noticed that Carter's arm was bandaged and bleeding. In addition, he noticed Carter appeared intoxicated. Detective Sergeant Campbell spoke to Carter as well. Carter told Detective Sergeant Campbell that he was intoxicated and confused. He stated he locked himself out and may have gone to the wrong house. Detective Sergeant Campbell noted the smell of alcohol from Carter, but Carter did not appear to be intoxicated and did not slur his speech. He did not appear to be "staggering drunk."
The police brought Carter to Ms. Lewis' house, and she identified him as the man she saw in her window. Evidence technicians took photographs of the crime scene and collected evidence. Among the evidence collected were blood samples from a stain located on the inside windowsill in Ms. Lewis' room and stains from the chair located outside her window. The blood samples were analyzed, and DNA testing determined the blood to be that of Carter.
On January 16, 2002, Carter was convicted in a bench trial of felony burglary, in violation of Code § 18.2-89, and misdemeanor peeping, in violation of Code § 18.2-130.
II. ANALYSIS
Carter contends that the evidence was insufficient to prove beyond a reasonable doubt that the breaking and entering of Lewis' house was with the intent to commit larceny. We disagree.
When the sufficiency of the evidence is challenged on appeal, it is well established that we must view the evidence in the light most favorable to the Commonwealth, granting to it all reasonable inferences fairly deducible therefrom. The conviction will be disturbed only if plainly
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