Williams v. Commonwealth

Summary

The Supreme Court of Virginia reviewed the sufficiency of the evidence supporting Dekota Williams's robbery conviction. The court held that Williams's initial larceny of a cell phone ripened into robbery when, while the larceny was continuing, he intimidated the victims by reaching into his waistband and displaying a flat, black object. The court also held that the evidence established asportation and intent to deprive the owner of the property, and affirmed the judgment.

Holdings

1. A larceny may ripen into robbery when, while the larceny is continuing and before the taker's custody becomes possession, the victim interposes to prevent the theft and the taker uses a threat of force or violence to overcome that opposition.
2. The absence of a taking from the victim's person or presence does not preclude a robbery conviction when the defendant first commits a larceny and the continuing larceny later becomes robbery through intimidation.
3. Putting the telephone in Williams's pocket after removing it from the ledge constituted sufficient asportation.
4. The evidence, viewed as a whole, was sufficient to prove Williams's intent to deprive Fox of the telephone and his intent to commit robbery.

Questions Presented

1. Whether the evidence was sufficient to establish robbery when Williams initially took the cellular telephone while the victim was approximately 150 feet away.
2. Whether the evidence was sufficient to establish the violence, threat, or intimidation element of robbery when Williams's threatening conduct occurred after the initial taking.
3. Whether the evidence established the asportation element of robbery.
4. Whether the evidence established the intent to permanently deprive Fox of the cellular telephone and the intent to commit robbery.

Disposition

affirmed