Robert Allen Wilkins v. Commonwealth of Virginia

*713BEALES, Judge.

Robert Allen Wilkins (appellant) was convicted by a jury of third-offense petit larceny, a Class 6 felony under Code § 18.2-104. Appellant argues that the trial court “erred by allowing the jury to proceed when [appellant] was wearing his jail uniform.”

I. Background

On appeal, we consider the circumstances in the record in the light most favorable to the Commonwealth, “as we must since it was the prevailing party” in the trial court. Riner v. Commonwealth, 268 Va. 296, 330, 601 S.E.2d 555, 574 (2004). The record here contains only a partial, excerpted transcript of appellant’s…