GILLESPIE v. COMMONWEALTH

Record No. 060034.

636 S.E.2d 430 (2006)

Robert Lewis GILLESPIE, a/k/a Robert Lewis Gillispie v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

November 3, 2006.


Attorney(s) appearing for the Case

Catherine E.P. Haas, Assistant Appellate Defender (Virginia Indigent Defense Commission, on brief), for appellant.

Alice T. Armstrong, Assistant Attorney General (Robert F. McDonnell, Attorney General, on brief), for appellee.

Present: HASSELL, C.J., LACY, KEENAN, KINSER, LEMONS, and AGEE, JJ., and RUSSELL, S.J.


OPINION BY Senior Justice CHARLES S. RUSSELL.

This appeal requires us to construe the language of Code § 19.2-295.1 concerning bifurcated trials in criminal cases. It presents the question whether the Commonwealth may, at the sentencing stage of a bifurcated trial, present evidence of the sentences imposed upon the defendant as a part of his record of prior convictions.

Facts and Proceedings

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