Patrick v. Commonwealth

FELTON, Chief Judge.

Following a jury trial, Christopher Robin Patrick (appellant) was convicted of larceny, third or subsequent offense, in violation of Code § 18.2-104. On appeal, he contends the trial court erred in granting Jury Instruction Number 7, arguing that instruction “unconstitutionally commented upon [his] failure to testify by informing the jury that it could infer [he] was the thief from his failure to testify....” Finding no error, we affirm appellant’s conviction.

I. BACKGROUND

“Under familiar principles of appellate review, we view the evidence and all reasonable inferences…