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WEEKS v. COM.

Record No. 2645-08-4.

684 S.E.2d 829 (2009)

55 Va. App. 157

Daniel Chinua WEEKS v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Alexandria.

November 10, 2009.

Attorney(s) appearing for the Case

Price Koch (Spencer Mayoras Henderson & Koch, PLC, on brief), for appellant.

Benjamin H. Katz, Assistant Attorney General (William C. Mims, Attorney General, on brief) for appellee.

Present: KELSEY and PETTY, JJ., and CLEMENTS, Senior Judge.

KELSEY, Judge.

A jury found Daniel Chinua Weeks guilty of conspiracy to commit grand larceny. On appeal, Weeks argues the trial court abused its discretion by not granting either his motion for a mistrial or his later motion to set aside the verdict. The conspiracy verdict cannot stand, Weeks reasons, because the jury disavowed it during the penalty phase of the trial. We agree, reverse the conspiracy conviction, and remand...

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