Smallwood v. Commonwealth

Opinion

BENTON, J.

Donnie Elijah Smallwood appeals his convictions for robbery and the use of a firearm in the commission of that robbery. He contends the trial judge erred (1) in allowing the trial to proceed without the affirmative waivers of a jury trial by the Commonwealth’s attorney and trial judge, and (2) in finding the evidence sufficient to support the conviction. For the reasons that follow, we reverse the convictions.

I

Prior to trial, Smallwood’s counsel filed a motion to suppress the identification testimony. The motion asserted that the witnesses were shown an impermissibly…