Penley v. Commonwealth

51 Va.App. 166 (2008)

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Nature of the Case

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Facts

Wohlleb, a Dominion Virginia Power employee, visited D's house to determine whether electricity continued to be used following an earlier meter removal. Wohlleb discovered an illegal meter had been installed. D asked Wohlleb to 'look the other way and leave the meter in place.' Wohlleb refused and D told Wohlleb to get off his property. Wohlleb called a serviceman to disconnect the power at the pole that supplied power to the illegal meter. He also called the police. D was arrested for utility fraud. D admitted that his power had been turned off on April 5, 2005, that he owed Dominion $1,200, and that he had 'incurred three hundred dollars since then.' A Dominion employee testified that the power provided between April 5, 2005, and April 29, 2005, was valued at $82.29. He also detailed $155.27 in additional costs to turn off and on the illegal meter and disconnect it along with taxes and fees. D moved to strike the case but was denied. With the amount over $200, D was convicted of felony theft under the statute. D appealed.