FISHBACK v. COM.

Record No. 991615.

532 S.E.2d 629 (2000)

260 Va. 104

Richard David FISHBACK v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

June 9, 2000.


Attorney(s) appearing for the Case

S. Jane Chittom, Richmond (Elwood Earl Sanders, Jr., Woodbridge, on briefs), for appellant.

Eugene Murphy, Assistant Attorney General (Mark L. Earley, Attorney General, on brief), for appellee.

Present: CARRICO, C.J., LACY, HASSELL, KEENAN, KOONTZ and KINSER, JJ., and POFF, Senior Justice.


KOONTZ, Justice.

In this appeal, we primarily consider whether a defendant in a non-capital felony trial is entitled to have the jury instructed that, pursuant to Code § 53.1-165.1, parole has been abolished in Virginia.

BACKGROUND

Because our review is limited to the issue of whether the trial court erred in failing to instruct the jury on the abolition of parole, a succinct statement of the facts, presented in the light most favorable to the...

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