Lowery v. Commonwealth

Opinion

KEENAN, J.

Danny C. Lowery was convicted in a bench trial of robbery and use of a firearm in the commission of a robbery. On appeal, he argues that the trial court abused its discretion in denying his attorney’s request for a recess to speak with a witness who arrived in court after the trial had begun. We find that we are unable to reach the merits of this argument because Lowery failed to enter a proffer, stipulation or unchallenged avowal of the witness’ expected testimony. Accordingly, we affirm Lowery’s convictions because he failed to demonstrate that prejudice resulted from the…