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ELEM v. COMMONWEALTH

Record No. 2771-08-4.

683 S.E.2d 830 (2009)

55 Va. App. 55

Warren Nicholas ELEM, Jr. v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Alexandria.

October 13, 2009.

Attorney(s) appearing for the Case

Matthew T. Foley, Deputy Public Defender (Charles Burnham, Assistant Public Defender, on brief), for appellant.

Robert H. Anderson, III, Senior Assistant Attorney General (William C. Mims, Attorney General, on brief), for appellee.

Present: KELSEY and PETTY, JJ., and CLEMENTS, S.J.

CLEMENTS, Judge.

A jury convicted Warren Nicholas Elem, Jr. (Elem) of felony petit larceny pursuant to Code §§ 18.2-96 and 18.2-104.1 He argues the trial court erred in denying his motion to bifurcate the guilt phase of his trial. Elem moved to bifurcate the guilt phase so that the jury would not be aware of his prior larceny convictions until it determined whether he was guilty of petit larceny. Pursuant to Elem's motion, if...

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