Dowell v. Commonwealth

Opinion

BENTON, J.

Franklin Marshall Dowell appeals from the order of the Circuit Court of Albemarle County denying bail during the appeal of his abduction and trespass convictions. Marshall was sentenced to ten years imprisonment, with five years suspended, on the abduction conviction and to twelve months in jail on the trespass conviction. Upon review of the record and in consideration of the arguments of counsel for Dowell and the Commonwealth, we conclude that the trial judge abused his discretion by giving primary consideration to insubstantial factors in deciding the bail question.

The…