Bazemore v. Commonwealth

BENTON, J.,

with whom ELDER, J., joins, concurring, in part, and dissenting, in part.

For the reasons I have previously explained in Bazemore v. Commonwealth, 03 Vap UNP 0103021 (2003), I would affirm Nicko Bazemore’s conviction for grand larceny. Thus, I join in Parts I and Parts 11(A) of the majority opinion. I also join in Part 11(B) of the majority opinion, for the reasons I previously explained in Bazemore. I do not join in Part 11(C) *225because I would hold that the trial judge committed reversible error by omitting a significant element of the offense when he instructed the jury concerning…