Mosby v. Commonwealth

COLEMAN, Judge.

The defendant, Marvin Mosby, was convicted by a jury of first degree murder and use of a firearm in the commission of murder. At the sentencing phase of the bifurcated trial, the jury recommended a forty-three year sentence, which the judge imposed. On appeal, the issue is whether, in a noncapital felony prosecution, the judge is required to instruct the jury during the sentencing phase of the bifurcated trial that a defendant is ineligible for parole. We hold that in noncapital felony cases a trial judge is not required to instruct the jury that the defendant, if convicted,…