Wendell Kirk Dean v. Commonwealth of Virginia

ELDER, Judge.

Wendell Kirk Dean (appellant) appeals his two jury trial convictions for robbery, a third or subsequent offense, in violation of Code §§ 18.2-58 and 19.2-297.1, for which he received two mandatory life sentences. On appeal, he contends the trial court erred in admitting evidence of two prior Maryland convictions for robbery because these convictions were not for offenses “substantially similar” to those listed in Code § 19.2-297.1. We agree. Thus, we reverse appellant’s convictions for robbery, a third or subsequent offense under that code section, and remand for a new trial. 1

I.…