Weeks v. Commonwealth

KELSEY, Judge.

A jury found Daniel Chinua Weeks guilty of conspiracy to commit grand larceny. On appeal, Weeks argues the trial court abused its discretion by not granting either his motion for a mistrial or his later motion to set aside the verdict. The conspiracy verdict cannot stand, Weeks reasons, because the jury disavowed it during the penalty phase of the trial. We agree, reverse the conspiracy conviction, and remand for a retrial.

I

The parties agree on the pertinent facts. During the guilt phase, the jury returned guilty verdicts on charges of conspiracy to commit larceny of property…