JONES v. COMMONWEALTH, 1142-96-2, Unpublished (Va.App. 6-17-1997)

ROBERT RAYFIELD JONES v. COMMONWEALTH OF VIRGINIA

Record No. 1142-96-2Court of Appeals of Virginia. Richmond.
June 17, 1997

[EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.]

Appeal from the Circuit Court of the City of Richmond, James B. Wilkinson, Judge.

Patricia P. Nagel, Assistant Public Defender (David J. Johnson, Public Defender, on brief), for appellant.

Ruth Ann Morken, Assistant Attorney General (James S. Gilmore, III, Attorney General, on brief), for appellee.

Present: Judges Baker, Benton and Bray.

MEMORANDUM OPINION[*]

[*] Pursuant to Code § 17-116.010 this opinion is not designated for publication.

PER CURIAM

This appeal raises the issue whether the trial judge erred in refusing to give to the jury the proffered instruction on parole. For the reasons more particularly stated in Mosby v. Commonwealth, 24 Va. App. 284, 482 S.E.2d 72 (1997), we affirm the trial judge’s refusal to give the instruction.

Affirmed.

Benton, J., dissenting.

For the reasons stated in my dissenting opinion in Walker v.Commonwealth, ___ Va. App. ___, ___, ___ S.E.2d ___, ___ (1997), (Benton, J., dissenting), I would reverse the ruling and remand for a new trial.