Lux v. Commonwealth

ELDER, Judge.

Herbert W. Lux, Jr. (appellant) appeals an order of the trial court revoking his suspended jail sentence from a previous conviction. He contends that the trial court erred when it denied his motion to disqualify the Commonwealth’s attorney. For the reasons that follow, we reverse and remand.

I

FACTS

In January, 1994, a jury convicted appellant of “grand larceny by false pretenses” and “grand larceny — mechanic’s lien fraud” and acquitted him of “construction lien fraud.” Appellant represented himself pro se at his trial but received assistance from a public defender assigned to his…