Hill v. Commonwealth

FRANK, Judge.

Ernest Oliver Hill, Jr., (appellant) was convicted by a jury of rape, in violation of Code § 18.2-61, sodomy, in violation of Code § 18.2-67.1, breaking and entering, in violation of Code § 18.2-91, and robbery, in violation of Code § 18.2-58. On appeal, appellant contends the trial court erred in barring defense counsel, on voir dire, from inquiring as to the prospective jury’s duty to consider the full range of punishments set forth in the applicable statutes. For the reasons stated herein, we agree with appellant and reverse the sentencing order of the trial court.

I.…