William Eric Bolton v. Commonwealth

COURT OF APPEALS OF VIRGINIA

Present: Judges Willis, Bray and Overton Argued at Norfolk, Virginia WILLIAM ERIC BOLTON

MEMORANDUM OPINION * BY v. Record No. 1900-95-1 JUDGE NELSON T. OVERTON

OCTOBER 8, 1996 COMMONWEALTH OF VIRGINIA

FROM THE CIRCUIT COURT OF THE CITY OF NEWPORT NEWS

Verbena M. Askew, Judge

Paul H. Wilson (Wilson & Wilson, P.C., on brief), for appellant.

Margaret Ann B. Walker, Assistant Attorney General (James S. Gilmore, III, Attorney General, on brief), for appellee.

William Bolton was found guilty by a jury of voluntary manslaughter and use of a firearm in the commission of a felony. Upon motion of the defendant, the trial judge set aside the verdict for use of a firearm. She later reiterated and explained her ruling to the jury. After a recess, but before the sentencing phase had begun, the Commonwealth moved to reinstate the guilty verdict. The judge granted that motion.

By declaring her decision to set aside the verdict, the judge in effect acquitted the defendant. Rule 3A:15(c). Having done so, she cannot reinstate a finding of guilt. For this reason, we reverse the conviction of use of a firearm in the commission of a felony and dismiss the charge.

Reversed and dismissed.