COURT OF APPEALS OF VIRGINIA Present: Judges Huff, AtLee and Malveaux UNPUBLISHED Argued at Fredericksburg, Virginia ACKEEM S. EDWARDS MEMORANDUM OPINION* BY v. Record No. 1541-18-4 JUDGE RICHARD Y. ATLEE, JR. JANUARY 14, 2020 COMMONWEALTH OF VIRGINIA FROM THE CIRCUIT COURT OF FAIRFAX COUNTY Randy I. Bellows, Judge Negin Farahmand Yeganeh, Assistant Public Defender, for appellant. (Mark R. Herring, Attorney General; Brittany A. Dunn-Pirio, Assistant Attorney General, on brief), for appellee. Following a bench trial, a judge of the Circuit Court of Fairfax County found appellant Ackeem S. Edwards guilty of grand larceny and possession of burglary tools.1 On appeal, Edwards argues that the circuit court erred in denying his motion for deferred disposition pursuant to Starrs v. Commonwealth, 287 Va. 1 (2014). For the following reasons, we affirm. I. BACKGROUND On appeal, we view the evidence in the light most favorable to the Commonwealth, the party who prevailed before the circuit court. Clanton v. Commonwealth, 53 Va. App. 561, 564 (2009) (en banc). So viewed, the evidence shows that an asset protection supervisor for Bloomingdale’s at Tyson’s Corner observed Edwards looking at shirts in the Burberry section of * Pursuant to Code § 17.1-413, this opinion is not designated for publication. 1 On September 12, 2018, the circuit court entered an order vacating Edwards’ conviction for possession of burglary tools. the store. He selected several shirts, and entered the fitting room. His companion (and co-defendant) was in the fitting room at the same time. The asset protection supervisor found that two of the Burberry shirts were missing after Edwards left the fitting room. She approached Edwards and his companion and asked them to come with her to her office. She explained why she had stopped them and called the police. The police officers arrived and patted down Edwards, recovering four shirts with a value of $1,140 from his person, worn under a “waist trainer” (a corset-like device) he wore under his shirt and sweater.2 At trial on January 10, 2018, the circuit court said “I find the Defendant guilty on both counts [of grand larceny and possession of burglary tools] beyond a reasonable doubt.” The circuit court memorialized its finding of guilt in a written conviction order on January 16, 2018, which stated “the Court found the Defendant, ACKEEM S. EDWARDS, guilty of GRAND LARCENY (COUNT I) and POSSESSION OF BURGLARY TOOLS (COUNT II), as charged in the indictment, for the reasons stated on the record.” Following his convictions, Edwards received a sentence of 180 days in prison for each conviction, with the entirety of both sentences suspended for a period of one year while Edwards served a one-year term of probation.3 The circuit court entered a sentencing order on May 9, 2018, and contemporaneously entered another order suspending entry of the sentencing order for ninety days because “current counsel in the Office of the Public Defender was not the Defendant’s counsel for the trial and sentencing and needs additional time to ensure all appropriate post-trial motions have been ...
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