In the state of, is being charged and sentenced for the

A residence or a business cannot be robbed. They can only be burglarized. A robbery is the taking of property from a person and that robbery would have the same penalty wherever it happened.

The statute you gave me only talks of the penalties for robbery.

https://law.lis.virginia.gov/vacode/title18.2/chapter4/section18.2-58/

I didn't say that there was nothing you could do. I only said that a robbery is a robbery no matter where it happens.

If he was convicted after trial, he has the right to appeal his conviction. Without knowing what's in the trial record, I can't tell you the grounds for the appeal because I can't see where the errors might lie. But the appeal isn't going to be based on the fact that this occurred in a business rather than in a home.

Was this a trial case?

I can find the statutes. However, did you read my answer?

What happened in the Court of Appeals?

Thanks. If the appeal has not been resolved yet, there is nothing that can be done until the appeal has been decided. If the appeal has been denied, then a post-conviction attorney can file a writ of habeas corpus to get it back before the original judge if there's an appealable isssue that wasn't already raised in the appeal.

It sounds like there's the possibility of an ineffective assistance of counsel argument. But if it's been raised already in the appeal and been denied, that's it. He'd need something new to go back there. Without being able to see what that can be, I can only suggest having a criminal lawyer who does post-conviction work to go over his file and see what was left out on appeal. But again, it has to wait for the appeal to be decided.