Marsh v. Virginia

57 Va.App. 645 (2011)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

D went to Gazda's apartment to attend a birthday party with her. Gazda, D's girlfriend was getting ready when she noticed she was missing a ring from her jewelry box along with some other items. She asked D if he had taken the missing items. D replied he needed some quick cash so he had pawned the items. D said he would get the jewelry back when he got paid the next day. They attended the birthday party but afterward, Gazda told D she did not want him to stay with her. D left and Gazda called the police and reported the missing items as stolen property. Gazda never allowed D to take items or pawn items. Detective Buisch contacted D and made arrangements with him for the return of the items. D returned some of the items and stated that he was trying to save up money to purchase the other items back. D was given two more weeks. After three weeks, Detective Buisch placed a hold on them and retrieved them from Vienna Jewelry and Estate Buyers in Vienna, Virginia, and returned them to Gazda. Marsham, the manager of Vienna Jewelry and Estate Buyers, testified that D had brought in jewelry on several occasions and used it as collateral for loans. D used the jewelry as collateral so that he could pay off the loans and retrieve the jewelry. All the transactions were written up in that manner. The receipts indicate that D received $2,975 and that payments had not been received on some of the loans. Gazda testified that she thought the approximate value of the jewelry taken was $25,000. D took the stand and claimed his intent was to always redeem the pieces. D claimed he never intended to permanently deprive Gazda. D made a motion to strike the charge against him, contending that the evidence was insufficient to prove he intended to permanently deprive Gazda of the jewelry. D was found guilty and appealed.