COURT OF APPEALS OF VIRGINIA
Present: Judges Benton, Willis and Senior Judge Cole Argued at Richmond, Virginia
GREGORY LELAND RAYMER, S/K/A GREGORY L. RAYMEUR MEMORANDUM OPINION * BY v. Record No. 0586-99-2 JUDGE JAMES W. BENTON, JR. APRIL 11, 2000 COMMONWEALTH OF VIRGINIA
FROM THE CIRCUIT COURT OF CHESTERFIELD COUNTY William R. Shelton, Judge
Linwood T. Wells, III, for appellant.
Eugene Murphy, Assistant Attorney General (Mark L. Earley, Attorney General, on brief), for appellee.
The trial judge convicted Gregory L. Raymeur of two counts of
fraudulently obtaining money upon a promise to perform
construction. See Code § 18.2-200.1. Raymeur contends the
evidence was insufficient to support the convictions. We disagree
and affirm the convictions.
I.
The evidence proved that on August 28, 1996, Raymeur
contracted with Charles Hall to replace the vinyl siding on Hall's
house. Hall, who had hired Raymeur in the past to perform work,
gave Raymeur a check for $1,000 as "a down payment" on the
* Pursuant to Code § 17.1-413, recodifying Code § 17-116.010, this opinion is not designated for publication. contract price of $1,600. The contract stipulated that Raymeur
would begin the project September 23, 1996, and complete it in
September. Both parties testified that meant September 1996.
Raymeur never returned to replace the siding on the house.
Hall made telephone calls to Raymeur and went to Raymeur's
residence. He received no responses. On December 3, 1997, Hall
sent to Raymeur at the address listed on the contract, a letter by
certified mail demanding his money. Raymeur did not respond.
The evidence also proved that in August 1996 Raymeur agreed
to replace a piece of siding on Fran Mena's house. Mena gave him
a check for $375, the agreed costs, to purchase new siding and for
his labor. Raymeur nailed the existing piece of siding onto the
house and never returned to install new siding. After Mena left
messages on Raymeur's answering service, Raymeur returned her call
and said that he had problems with his employees. He promised to
complete the job. He never did. In February 1998, Mena sent a
certified letter to Raymeur. The post office returned the
unclaimed letter to Mena.
Raymeur cashed both checks. He testified that he purchased
materials for both projects but had problems with his employees
and his truck. He denied receiving the letters from Hall and
Mena. Raymeur also testified that he has been incarcerated since
July 10, 1997, for crimes arising out of similar construction
agreements. Explaining this failure to complete the two projects
in the year that lapsed before he was incarcerated, Raymeur said
- 2 - he "was running behind on other jobs." Raymeur further testified
that he was behind on several jobs because of his incarceration,
difficulties with his workers, and problems with his truck. While
in jail, Raymeur obtained work release status to complete other
projects that he had failed to perform.
The trial judge convicted Raymeur on both counts.
II.
Code § 18.2-200.1 provides as follows:
If any person obtain