Bivins v. Commonwealth

James Manuel Bivins (Bivins) appeals his conviction for robbery of a convenience store clerk. Bivins asserts that the evidence was insufficient to show that he accomplished the taking by intimidation, rendering his crime larceny rather than robbery. Clarifying our holding in Harris v. Commonwealth, 3 Va. App. 519, 351 S.E.2d 356 (1986), we agree and reverse Bivins conviction.