Jaccard v. Commonwealth

LAWRENCE L. KOONTZ, JR., Justice.

In this appeal, we consider whether evidence of a prior probation revocation is admissible in the penalty determination phase of a bifurcated criminal jury trial as part of "the record of conviction" of the defendant's "prior criminal convictions" pursuant to Code § 19.2-295.1.

On July 15, 2002, the grand jury of Wythe County indicted Douglas Albert Jaccard on a charge of malicious wounding in violation of Code § 18.2-51. Prior to his trial on that indictment in the Circuit Court of Wythe County, the Commonwealth provided Jaccard with notice of its intention to…