Seegars v. Commonwealth

Opinion

FITZPATRICK, J.

Tracy L. Seegars (appellant) was convicted in a jury trial of injuring a correctional officer while an inmate of a state penal institution in violation of Code § 18.2-55. Appellant contends that the trial court erred by refusing to remove his leg shackles prior to trial and by refusing to instruct the jury on a lesser included misdemeanor offense of assault and battery. Because we conclude that the jury was not properly instructed as to a lesser included offense, we reverse the conviction and remand.

BACKGROUND

On February 20, 1992, Sergeant John Baker and Officers D.R.…