Gregory A. Richardson v. Commonwealth of Virginia

OPINION BY

JUDGE MARY BENNETT MALVEAUX

Gregory Richardson (“appellant”) refused to participate in the colloquy during his arraignment for felony indecent exposure in the Circuit Court of Nottoway County. The trial court interpreted his silence as both a waiver of his right to be tried by a jury and an acquiescence to being tried by the court. Appellant argues here that the trial court’s actions violated his rights under the Constitution of Virginia. We agree.

I. BACKGROUND

Appellant resides at the Virginia Center for Behavioral Rehabilitation (“VCBR”), to which he was committed for treatment as a…