PATRICK v. COM.

Record No. 0832-06-3.

653 S.E.2d 288 (2007)

50 Va. App. 650

Christopher Robin PATRICK v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia.

November 27, 2007.


Attorney(s) appearing for the Case

Jesse W. Meadows, III, Chatham, for appellant.

Rosemary V. Bourne, Assistant Attorney General (Robert F. McDonnell, Attorney General, on brief), for appellee.

Present: FELTON, FRANK and KELSEY, JJ.


FELTON, Judge.

Following a jury trial, Christopher Robin Patrick (appellant) was convicted of larceny, third or subsequent offense, in violation of Code § 18.2-104. On appeal, he contends the trial court erred in granting Jury Instruction Number 7, arguing that instruction "unconstitutionally commented upon [his] failure to testify by informing the jury that it could infer [he] was the thief from his failure to testify. . . ." Finding no error, we affirm appellant...

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