Yellardy v. Commonwealth

COLEMAN, Senior Judge.

Ricky Lee Yellardy, appellant, appeals his felony conviction of robbery in violation of Code § 18.2-58. Appellant contends: (1) the trial court erred by denying his motion to sever the original two counts of robbery, and (2) the trial court erred by refusing to instruct the jury on a lesser-included offense of petit larceny. We hold that because the two robbery counts arose out of two acts or transactions that constituted parts of a common scheme or plan, the trial court did not err by refusing to sever the two charges. We also hold that because the evidence and the…