Breard v. Commonwealth

These appeals require review of a capital murder conviction and sentence of death imposed upon Angel Francisco Breard (Record No. 931730) and of Breard’s conviction of attempted rape (Record No. 931731).

I

PROCEEDINGS

Breard was indicted for capital murder, i.e., the willful, deliberate, and premeditated killing of Ruth Dickie in the commission of, or subsequent to, rape or attempted rape. Code § 18.2-31(5). Breard also was indicted for the attempted rape of Dickie.

In the first phase of a bifurcated jury trial conducted pursuant to Code §§ 19.2-264.3 and -264.4, a jury convicted Breard of…