Tross v. Commonwealth

FITZPATRICK, Judge.

Russell Tross (appellant) was convicted in a jury trial of capital murder in violation of Code § 18.2-31(4), robbery in violation of Code § 18.2-58, and using a firearm to commit murder in violation of Code § 18.2-53.1. On appeal, he argues that the trial court erred in: (1) exercising jurisdiction over the case when the juvenile intake system is facially unconstitutional under the Virginia Constitution’s doctrine of separation of powers; (2) transferring jurisdiction without considering his amenability to treatment or rehabilitation as a juvenile; (3) refusing to strike…