Daye v. Commonwealth

BRAY, Judge.

Alvin Hurley Daye (defendant) was convicted in a bifurcated trial of attempted capital murder in violation of Code § 18.2-31(6) and sentenced in accordance with the jury’s verdict to forty-five years in the penitentiary. Defendant complains on appeal that the trial court erroneously overruled his motion to withdraw his arraignment plea of not guilty and enter a guilty plea, following the jury’s guilty verdict but prior to commencement of the sentencing phase of the proceedings. We disagree and affirm the conviction.

The relevant procedural history is uncontroverted. Pursuant to…