COURT OF APPEALS OF VIRGINIA Present: Chief Judge Moon, Judges Coleman and Elder Argued at Richmond, Virginia

CECIL G. FLEMING v. 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.

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