McCray v. Commonwealth

                   COURT OF APPEALS OF VIRGINIA


Present: Judges Bray, Frank and Agee
Argued at Chesapeake, Virginia


CARL ANTHONY McCRAY, JR.
                                                   OPINION BY
v.   Record No. 2673-00-1                     JUDGE ROBERT P. FRANK
                                                DECEMBER 11, 2001
COMMONWEALTH OF VIRGINIA


         FROM THE CIRCUIT COURT OF THE CITY OF PORTSMOUTH
                    Johnny E. Morrison, Judge

          Michael Rosenberg (Richardson and Rosenberg,
          on brief), for appellant.

          Eugene Murphy, Assistant Attorney General
          (Randolph A. Beales, Acting Attorney General,
          on brief), for appellee.


     Carl Anthony McCray, Jr., (appellant) was convicted in a

bench trial of entering a banking house while armed, in

violation of Code § 18.2-93, and other felonies not relevant to

this appeal.   He contends the trial court erred in finding him

guilty, since the evidence did not establish that the credit

union was a "banking house" under Code § 18.2-93.       For the

reasons stated herein, we affirm appellant's conviction.

                            I.   BACKGROUND

     The facts are not disputed.

     On August 26, 1999, appellant, carrying a firearm, entered

and robbed the Navy Yard Credit Union.        The robbery took place

in the credit union's loan department.        A surveillance tape
showed appellant committing the robbery.      Appellant, after being

Mirandized, identified himself on the surveillance tape.

     In order to have an account at the Navy Yard Credit Union,

a person must be a member.    Only a person who is "connected with

the Navy Yard or something like that" can become a member and

thus open a share account.

     At the conclusion of the case, appellant moved to strike

the evidence, contending a credit union is not a "banking house"

under Code § 18.2-93.   More specifically, he argued Code

§ 18.2-93 does not prohibit entry into a credit union while

armed.   The trial court overruled those motions and convicted

appellant of violating Code § 18.2-93.

                             II.   ANALYSIS

     The sole issue before this Court is whether a credit union

is a "banking house" under Code § 18.2-93. 1    The statute does not

define "banking house."

     While the statute is penal and, therefore, "must be

strictly construed," appellant is not "entitled to a favorable

result based upon an unreasonably restrictive interpretation of

the statute."   Mason v. Commonwealth, 16 Va. App. 260, 262, 430

S.E.2d 543, 543-44 (1993).


     1
       Code § 18.2-93 states, in part, "If any person, armed with
a deadly weapon, shall enter any banking house, in the daytime
or in the nighttime, with intent to commit larceny of money,
bonds, notes, or other evidence of debt therein, he shall be
guilty of a Class 2 felony."


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     In interpreting statutory language, we have held:

           "The plain, obvious, and rational meaning of
           a statute is always preferred to any
           curious, narrow or strained construction; a
           statute should never be construed so that it
           leads to absurd results." Branch v.
           Commonwealth, 14 Va. App. 836, 839, 419
           S.E.2d 422, 424 (1992). "[A] fundamental
           rule of statutory construction requires that
           courts view the entire body of legislation
           and the statutory scheme to determine the
           'true intention of each part.'" Virginia
           Real Estate Bd. v. Clay, 9 Va. App. 152,
           157, 384 S.E.2d 622, 625 (1989) (quoting
           McDaniel v. Commonwealth, 199 Va. 287, 292,
           99 S.E.2d 623, 627 (1957)).

Allard v. Commonwealth, 24 Va. App. 57, 67, 480 S.E.2d 139, 144

(1997).   We, therefore, look to other sections of the Code to

determine the legislative intent when using the term, "banking

house."

     The Virginia Uniform Commercial Code (UCC) includes "credit

union" within the definition of a "bank."   Under Code § 8.4-105,

which defines terms for the Bank Deposits and Collections title

of the UCC, "'Bank' means a person engaged in the business of

banking, including a savings bank, savings and loan association,

credit union or trust company."   Code § 8.4-105(1).   The Funds

Transfers title of the UCC states, "'Bank' means a person

engaged in the business of banking and includes a savings bank,

savings and loan association, credit union, and trust company."

Code § 8.4A-105(2).   Code § 8.9A-102(8) in the Secured

Transactions title, defines "bank" as "an organization that is

engaged in the business of banking.    The term includes savings

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banks, savings and loan associations, credit unions, and trust

companies."

     The Virginia Credit Union Act defines "credit union" as:

          a cooperative, nonprofit corporation,
          organized under the laws of this
          Commonwealth and authorized to do business
          under this chapter for the purposes of
          encouraging thrift among its members,
          creating a source of credit at fair and
          reasonable rates of interest, providing an
          opportunity for its members to use and
          control their own money on a democratic
          basis in order to improve their economic and
          social condition, and conducting any other
          business, engaging in any other activity,
          and providing any other service that may be
          of benefit to its members, consistent with
          the provisions of this chapter and any
          regulations adopted by the Commission under
          this chapter.

Code § 6.1-225.2.   The powers of a credit union include receiving

savings, making loans, borrowing, investing its funds, and

offering financial services such as fund transfers, share draft

accounts, and safe deposit boxes.     See Code §§ 6.1-225.21;

6.1-225.41; 6.1-225.51; 6.1-225.57.

     This Court has never addressed the particular issue of

whether a "banking house" includes a credit union; however, we

have considered what constitutes a "banking house."    In Black v.

Commonwealth, 20 Va. App. 186, 190, 455 S.E.2d 755, 757 (1995),

which involved a robbery at the Providence Savings and Loan

Association, an employee testified that his association offered

"services such as checking accounts, savings accounts, and

loans," performing banking services for its customers.    Black

contended the savings and loan was not a bank and, therefore, not

a "banking house" under Code § 18.2-93.    We held, based on the

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employee's testimony, the savings and loan association was a

"banking house."     Id. at 191, 455 S.E.2d at 758.    We reasoned:

             To construe the statute as appellant
             suggests would require us to conclude that
             the intent of the legislature was to punish
             armed entry into a "bank," but not to punish
             armed entry into a "savings and loan
             association." Such an interpretation is
             contrary to the legislative intent and
             requires "an unreasonably restrictive
             interpretation of the statute."

Id. at 191, 455 S.E.2d at 757 (citation unattributed).       Given

the statutory definitions of "credit union," this analysis

applies in this case.

     Here, appellant robbed the Navy Yard Credit Union.       This

credit union had a loan department and tellers to wait on

customers.    No other evidence was adduced to explain in detail

the functions of the credit union.       Nevertheless, the trial court

could conclude from the evidence before it that the Navy Yard

Credit Union satisfied the definition of "credit union" under

Code § 6.1-225.2.    Appellant has never contested that the Navy
Yard Credit Union was, in fact, a credit union.       This

organization, given its legal duties and responsibilities,

clearly performed the functions of a bank, although its customer

base was restricted to people "connected with the Navy Yard."

Therefore, the credit union was a "banking house" under Code

§ 18.2-93.

     Appellant maintains we should distinguish Black because a
credit union differs from a bank or a savings and loan

association in that a credit union is for members only.      This is

a distinction without a difference.


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     Whether or not an institution is open to the public or

restricts its customers to members is the type of technical

distinction rejected in Black.     See Black, 20 Va. App. at 191,

455 S.E.2d at 757.   Clearly, a credit union conducts banking

business.   As in Black, it would be senseless to punish armed

entry into a bank but not into a credit union.    We, therefore,

affirm appellant's conviction.

                                                           Affirmed.




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