Jared Benjamin Bailey v. Commonwealth of Virginia

COLEMAN, Judge.

Jared Benjamin Bailey (appellant) appeals from his jury trial convictions for robbery, malicious wounding, conspiracy to commit robbery, and two counts of using a firearm in the commission of a felony. He contends the trial court abused its discretion in refusing to admit testimony under the declaration-against-penal-interest exception to Virginia’s hearsay rule. We hold the trial court’s refusal to admit the testimony was not error because appellant’s invoking his right not to testify did not render him unavailable for purposes of the exception. Therefore, we affirm.

I.…