Commonwealth v. Philpott

I wholeheartedly agree with the majority opinion to the extent that it addresses the issue certified and concludes that, in felony cases, the trial court’s guilt/innocence phase jury instructions shall not inform the jury “on the penalty ranges of any offense, whether the primary or a lesser included offense.”1 I write separately, however, because I disagree with the procedures outlined by the majority for circuit courts to follow in cases where a jury returns a verdict finding a defendant guilty of one (1) or more misdemeanor offenses. While the majority perpetuates a system that requires…