Hunter v. Commonwealth

Opinion

ELDER, J.

Gary Patrick Hunter, the appellant, appeals his convictions of attempted robbery and use of a firearm in the commission of attempted robbery. On appeal, the appellant asserts that the trial court: (1) erred in proceeding with trial in his absence; and (2) improperly instructed the jury after it returned an inconsistent verdict. We agree that, under the circumstances of the case, the appellant should not have been deemed to have waived his right to be present at trial, and, therefore, we reverse.

The appellant was indicted for the attempted robbery of a Charlottesville ABC store…