Larceny by False Titles
Published: February 17, 2012
The Court of Appeals affirms ex-wife’s jury trial convictions of grand larceny and unlawfully obtaining titles for a boat and trailer; the record shows in the two months following her former husband’s death, she unlawfully obtained title documents to a boat and trailer the divorce decree gave to husband and took them from his former residence.
Husband and wife divorced in early 2007; their final divorce decree incorporated a property settlement agreement (PSA) giving husband sole rights to the parties’ boats, trailers and equipment. In late July 2009, wife delivered to husband’s counsel a boat title signed by her as “seller.” This title was never filed with the Department of Game and Inland Fisheries (DGIF). Husband died in September 2009. Two weeks later, ex-wife represented to DGIF under penalty of perjury that she had lost the boat title and that she and her new husband owned the boat; DGIF issued them a new title.
She made the same representations to the Department of Motor of Vehicles (DMV) to obtain a replacement title showing herself and her new husband as owners of a boat trailer. In November, she returned to DMV with her former husband’s death certificate and obtained a title in her name only. She removed the boat and trailer from her former husband’s residence. She was indicted by a grand jury. At trial she argued that she was owed $50,000 under the PSA and taking the boat, trailer and titles was a reasonable self help remedy. A jury convicted her of unlawfully obtaining title documents from DMV and grand larceny.
On appeal, ex-wife challenges the sufficiency of evidence to support her conviction. We affirm applying our normal deferential standard of review. Code § 46.2-105.2(A) prohibits obtaining title documents without a legally enforceable interest. Ex-wife has no rights to the boat and trailer under the PSA. The statutory requirement in § 46.2-633(A) to retitle property to reflect transfers by operation of law is for the benefit of third party purchasers. Husband’s failure to comply with this requirement has no effect on the PSA. We will not consider ex-wife’s new argument about the lack of a transfer endorsement on the unfiled title document she delivered to ex-husband.
The record evidence refutes ex-wife’s asserted interest in the boat and trailer. The PSA gave husband exclusive rights and ex-wife herself delivered a title document to husband as “seller.” She manipulated DGIF shortly after husband’s death to give her a new title. While Groves v. Commonwealth, 50 Va. App. 57 (2007), recognizes that a sincere good faith claim of right could allow finding no larcenous intent, ex-wife expressly abandoned this argument in the trial court. The jury had ample evidence to convict ex-wife of grand larceny.
Conviction affirmed.
Wilson v. Commonwealth (Kelsey) No. 0550-11-2, Feb. 14, 2012; Prince Edward Cir. Ct. (Warren) Joseph A. Sanzone for appellant; Kenneth T. Cuccinelli II, AG. VLW 012-7-040(UP), 9 pp.
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