Bellinger v. Commonwealth

WILLIS, Judge.

John Dobbs Bellinger was convicted in a bifurcated jury-trial of voluntary manslaughter and was sentenced in accordance with the jury’s verdict to serve ten years in the penitentiary. On appeal, he contends that the trial court erred in admitting into evidence, at the sentencing phase of his trial, three disposition records for bad check offenses, because they did not constitute “record[s] of conviction[s]” admissible under Code § 19.2-295.1. We reverse the judgment of the trial court and remand the case for resentencing.

Code § 19.2-295.1 provides in pertinent part,

“In cases of…