Herbert Williams, Jr. v. Commonwealth of Virginia

FRANK, Judge.

Herbert Williams, Jr., (appellant) was convicted of robbery in violation of Code § 18.2-58, use or display of a firearm in the commission of a felony in violation of Code § 18.2-53.1 and wearing a mask in violation of Code § 18.2-422. On appeal, he contends the trial court erred in: 1) failing to grant him a trial by jury, 2) failing to grant him a continuance, and 3) finding the evidence sufficient to support the convictions. We agree in part and disagree in part. Accordingly, we reverse and remand.

I. BACKGROUND

On September 18,1996, Dost Khan was working at the front desk of the…