Gilliam v. Commonwealth

BRAY, Judge.

Phillip Adrian Gilliam (defendant) was convicted by a jury in a bifurcated trial for aggravated sexual battery in violation of Code § 18.2-67.3(1) and was sentenced in accordance with the jury’s verdict to three years in the penitentiary. Defendant complains on appeal that the trial court erroneously permitted the jury to consider evidence, during the sentencing phase of the proceeding, of the punishments which attended his prior criminal convictions. We disagree and affirm the conviction.

The relevant procedural history is uncontroverted. Following conviction by the jury during…