DAYE v. COM.

Record No. 2125-94-1.

467 S.E.2d 287 (1996)

21 Va. App. 688

Alvin Hurley DAYE v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Norfolk.

February 20, 1996.


Attorney(s) appearing for the Case

Andrew G. Wiggin, Assistant Public Defender, for appellant.

Michael T. Judge, Assistant Attorney General (James S. Gilmore, III, Attorney General; Richard B. Smith, Assistant Attorney General, on brief), for appellee.

Present: ELDER and BRAY, JJ., and HODGES, Senior Judge.


BRAY, Judge.

Alvin Hurley Daye (defendant) was convicted in a bifurcated trial of attempted capital murder in violation of Code § 18.2-31(6) and sentenced in accordance with the jury's verdict to forty-five years in the penitentiary. Defendant complains on appeal that the trial court erroneously overruled his motion to withdraw his arraignment plea of not guilty and enter a guilty plea, following the jury's guilty...

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