COURT OF APPEALS OF VIRGINIA 

Present: Judges Frank, McClanahan and Haley 

Argued at Richmond, Virginia 

CARLA THORNLEY 

 MEMORANDUM OPINION∗

 BY 

v. Record No. 3136-06-2 JUDGE JAMES W. HALEY, JR. 

 JUNE 10, 2008 

COMMONWEALTH OF VIRGINIA 

 FROM THE CIRCUIT COURT OF THE CITY OF FREDERICKSBURG 

John W. Scott, Jr., Judge 

 Shama Farooq (Office of the Public Defender, on brief), for 

appellant. 

 Joanne V. Frye, Assistant Attorney General (Robert F. McDonnell, 

Attorney General; Alice T. Armstrong, Assistant Attorney General 

II, on brief), for appellee. 

 ∗

 Pursuant to Code § 17.1-413, this opinion is not designated for publication.

I. INTRODUCTION 

 Carla Thornley appeals her conviction of third offense petit larceny in violation of Code 

§§ 18.2-103 and 18.2-104 by the Circuit Court of the City of Fredericksburg. On brief, Thornley 

argues the circuit court erred in admitting into evidence an order finding she previously violated 

probation because (1) a probation violation does not represent a predicate offense for proving a 

third violation under the statute, (2) a probation violation order does not represent sufficient 

proof of other offenses mentioned within it, and (3) the order created unfair prejudice by 

mentioning a prior conviction for drug distribution. Thornley conceded her second assignment 

of error at oral argument, and this makes her first argument irrelevant. We therefore only 

address her third assignment, which we reject. Accordingly, we affirm. 
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II. FACTS 

 We mention only those facts necessary to the disposition of this appeal. 

 A grand jury indicted Thornley for third offense petit larceny on November 28, 2005. 

The circuit court held a bench trial on May 12, 2006. 

 During the trial, the prosecution offered documentary evidence to prove Thornley had 

prior convictions for larceny. One document, dated April 5, 2002, was a conviction and 

sentencing order also for third offense petit larceny. The other, dated October 20, 1997, was an 

order finding Thornley violated probation. This order stated Thornley had convictions for drug 

distribution and third offense concealment. Thornley only objected to the admission of the 

probation violation order. However, she did not contest the probation order’s validity. The 

prosecution stated it sought to admit the probation violation order as demonstrating “that she has 

been convicted of a third offense concealment charge.” The court admitted both documents. 

 At the conclusion of the trial, the court found Thornley guilty. The court specifically 

made this finding based upon the credibility of the witnesses and not upon Thornley’s prior 

offenses. The court declared: 

It comes down to a matter of credibility. The matter of 

credibility has nothing to do with prior offenses and this Courts 

find [sic], given the testimony of the two employees [who testified 

for the prosecution] . . . the Court finds that their testimony was 

consistent in reference to what occurred at the office of this 

business that night, therefore, based on the finding that the 

Commonwealth has met its burden of proof, the Court finds Ms. 

Thornley guilty as charged. 

From this conviction, Thornley now appeals. 

III. ANALYSIS 

 Due to the nature of our disposition of this case, we first consider Thornley’s second 

assignment of error. On brief, Thornley contends the probation violation order could not present 

proof of other offenses listed within it. However, at oral argument, Thornley conceded the 
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probation violation order could suffice. Accordingly, further consideration of this point is 

unnecessary. 

 Due to this concession, we necessarily reject her first argument that the circuit court erred 

in admitting the probation violation order because a probation violation cannot serve as a 

predicate offense under the statute. The order could serve as evidence of the prior concealment 

offense, as the prosecution argued at trial. This makes Thornley’s first argument irrelevant. 

 Finally, Thornley contends the circuit court erred in admitting the probation order during 

the guilt phase of the trial in that it caused unfair prejudice by mentioning a prior conviction for 

drug distribution. A circuit court has significant discretion in determining the admissibility of 

evidence, and we review its finding only for an abuse of discretion. Jones v. Commonwealth, 50 

Va. App. 437, 446, 650 S.E.2d 859, 863 (2007). Evidence of a defendant’s unrelated criminal 

activity is generally inadmissible, and this rule especially applies to unrelated drug distribution. 

Rodriguez v. Commonwealth, 18 Va. App. 277, 280, 443 S.E.2d 419, 422 (1994). However, 

when a circuit court sits as the finder of fact, it is “presumed to disregard prejudicial or 

inadmissible evidence, and this presumption will control in the absence of clear evidence to the 

contrary.” Hall v. Commonwealth, 14 Va. App. 892, 902, 421 S.E.2d 455, 462 (1992) (en banc) 

(citation omitted). 

 We find no error in the circuit court’s decision. The evidence was properly admissible to 

prove Thornley committed the predicate offense of concealment. While the evidence regarding 

drug distribution was inadmissible, the record clearly shows the court did not consider this 

evidence, as the law presumes. As quoted above, the circuit court convicted Thornley based on 

its consideration of the credibility of the witnesses, not Thornley’s history with law enforcement. 

 For the foregoing reasons, we affirm the judgment of the circuit court. 

Affirmed.