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SWINSON v. COM.

Record No. 2300-91-2.

434 S.E.2d 348 (1993)

William Boyd SWINSON v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia.

August 17, 1993.

Attorney(s) appearing for the Case

Michael HuYoung, Richmond (Jane Chittom, on brief), for appellant.

Leah A. Darron, Asst. Atty. Gen. (Stephen D. Rosenthal, Atty. Gen., on brief), for appellee.

Present: MOON, C.J., and BENTON and FITZPATRICK, JJ.

MOON, Chief Judge.

William Boyd Swinson appeals his conviction of obtaining money by false pretenses in violation of Code § 18.2-178. He alleges that the evidence was insufficient and that his punishment for a third offense was an improper sentence enhancement pursuant to Code § 19.2-297. We reverse the conviction and remand for a new trial because obtaining money by false pretense is not the same offense as petit larceny for purposes of enhancement under...

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