Allen Lamont Harris v. Commonwealth of Virginia

HUMPHREYS, Judge.

Allen Lamont Harris appeals his convictions in a jury trial for murder in the second degree and grand larceny. He contends the trial court erred (1) in instructing the jury following a question by a juror regarding the failure of the parties to call a particular individual as a witness, and (2) failing to impanel a new jury for sentencing purposes when the jury recommended a sentence greater than the statutory maximum which existed on the date of the offense. We find no error and for the reasons that follow, affirm his convictions.

I. Background

On July 31, 1992, Jackson…