Elem v. Commonwealth

CLEMENTS, Judge.

A jury convicted Warren Nicholas Elem, Jr. (Elem) of felony petit larceny pursuant to Code §§ 18.2-96 and 18.2- 104. 1 He argues the trial court erred in denying his motion to bifurcate the guilt phase of his trial. Elem moved to bifurcate the guilt phase so that the jury would not be aware of his prior larceny convictions until it determined whether he was guilty of petit larceny. Pursuant to Elem’s motion, if the jury determined that he was guilty of petit larceny, the Commonwealth would then present evidence of his prior larceny offenses and the jury would determine if the…