Cecil G. Fleming v Commonwealth

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COURT OF APPEALS OF VIRGINIA

Present: Chief Judge Moon, Judges Coleman and Elder
Argued at Richmond, Virginia

CECIL G. FLEMING

Vv. Record No. 1829-94-2 MEMORANDUM OPINION BY
CHIEF JUDGE NORMAN K. MOON
COMMONWEALTH OF VIRGINIA JANUARY 11, 1996

FROM THE CIRCUIT COURT OF THE CITY OF RICHMOND
Thomas N. Nance, Judge

Larry D. Catlett (Catlett & Kaplan, on
brief), for appellant.

John H. McLees, Jr., Assistant Attorney

General (James S. Gilmore, III, Attorney
General, on brief), for appellee.

The defendant appeals his conviction for contracting for the
repair or maintenance of real property without a license, in
violation of Code § 54.1-1115(A) (1). He claims that a transcript
of record from the Department of Professional and Occupational
Regulation should not have been admitted into evidence because it
was not properly authenticated under Code § 54.1-112.

Even if the transcript is a copy, any error in admitting it
was harmless. The investigator testified that Fleming admitted
he had no state license. There was no evidence to the contrary.

Therefore, "it plainly appears from the record and the evidence
given at the trial that the error did not affect the verdict."

Lavinder v. Commonwealth, 12 Va. App. 1003, 1005, 407 S.E.2d 910,

911 (1991) (en banc) (internal quotation marks omitted).

"Pursuant to Code § 17-116.010 this opinion is not
designated for publication.

Therefore, the judgment below is affirmed.

Affirmed.