Davis v. Commonwealth

Opinion of the Court by

Chief Justice MINTON.

A circuit court jury convicted Frederick Davis of the crimes of first-degree manslaughter and first-degree attempted manslaughter. The trial court sentenced him to a total of thirty years’ imprisonment. Davis now appeals as a matter of right, 1 contending (1) the trial court erred by empanelling a new jury to determine whether to run his sentences for the two crimes concurrently or consecutively; and (2) even if the trial court properly empan-elled a new jury, it employed erroneous procedures for the second penalty phase.

On review, we affirm the…