Emmitt Laron Taylor v. Commonwealth of Virginia ( 1997 )


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  •                    COURT OF APPEALS OF VIRGINIA
    Present:  Chief Judge Fitzpatrick, * Judge Annunziata and
    Senior Judge Duff
    Argued at Alexandria, Virginia
    EMMITT LARON TAYLOR
    MEMORANDUM OPINION** BY
    v.   Record No. 1776-96-4       CHIEF JUDGE JOHANNA L. FITZPATRICK
    DECEMBER 30, 1997
    COMMONWEALTH OF VIRGINIA
    FROM THE CIRCUIT COURT OF ARLINGTON COUNTY
    William L. Winston, Judge
    Robert J. Hill for appellant.
    Richard B. Smith, Assistant Attorney General
    (James S. Gilmore, III, Attorney General, on
    brief), for appellee.
    Emmitt Taylor (appellant) was convicted in a bifurcated jury
    trial of (1) conspiring to distribute five or more pounds of
    marijuana; (2) possessing with the intent to distribute five or
    more pounds of marijuana; and (3) transporting five or more
    pounds of marijuana into Virginia with the intent to sell or
    distribute it.   During the sentencing phase of the trial,
    appellant attempted to introduce evidence concerning his family
    history and upbringing as mitigating factors to be considered in
    imposing a sentence.   The trial court excluded the evidence as
    beyond the scope of Code § 19.2-295.1 and found that such
    testimony is not "relevant, admissible evidence related to
    *
    On November 19, 1997, Judge Fitzpatrick succeeded Judge
    Moon as chief judge.
    **
    Pursuant to Code § 17-116.010 this opinion is not
    designated for publication.
    punishment."   We disagree and reverse the decision of the trial
    court and remand for a new sentencing proceeding.
    After the jury found appellant guilty on the underlying
    charges, the Commonwealth presented evidence that at the age of
    seventeen, he was convicted of armed robbery in the state of
    California.    Appellant then attempted to introduce evidence of
    his family situation and background as mitigating circumstances
    to be considered at the penalty stage of the trial.   The court
    found the evidence inadmissible, and appellant was sentenced to
    confinement in the penitentiary for 18 years on the conspiracy
    and distribution charges and 20 years with an $80,000 fine on the
    transporting charge.   The trial court suspended the execution of
    the 18-year sentence for a period of 18 years upon the completion
    of the time served on the transporting sentence.    The court
    imposed the 20-year sentence and fine fixed by the jury on the
    transporting charge.
    After the sentencing hearing, the trial court allowed
    appellant to proffer the excluded evidence.    Appellant testified
    that his father had been killed when he was nine, that he had no
    male role models, that his mother abused drugs and alcohol, that
    his half-brother had been shot, and that he had no fixed home
    before he came to Virginia at the age of 22.   He contends that
    the trial court should have allowed the jury to consider these
    facts.
    This case is controlled by our recent en banc decision in
    2
    Shifflett v. Commonwealth, __ Va. App. ___, ___ S.E.2d ___
    (1997), which analyzed the requirements of Code § 19.2-295. 1
    This statute gives juries great latitude in determining an
    appropriate sentence within the statutory framework provided.
    See id.
    "The sentencing decision is a quest for a sentence that best
    effectuates the criminal justice system's goals of deterrence
    (general and specific), incapacitation, retribution and
    rehabilitation."     Gilliam v. Commonwealth, 
    21 Va. App. 519
    , 524,
    
    465 S.E.2d 592
    , 594 (1996) (citation omitted) (footnote omitted).
    "A jury must be allowed to consider all relevant evidence."
    Shifflett, __ Va. App. at ___, ___ S.E.2d at ___ (citing Jurek v.
    Texas, 
    428 U.S. 262
    , 271 (1976)).      "[R]elevant sentencing factors
    traditionally have included an accused's habits, lifestyle,
    mental resources, family, and occupation."      Shifflett, __ Va.
    App. at ___, ___ S.E.2d at ___.
    The excluded evidence in this case clearly was relevant to
    appellant's background and family situation at the time of the
    earlier conviction and was also probative of his current
    situation.    It was error for the trial court to exclude this
    information from the jury's purview.     Accordingly, we reverse and
    remand for a resentencing hearing consistent with this opinion.
    1
    In the sentencing part of a bifurcated jury trial, "[a]fter
    the Commonwealth has introduced . . . evidence of prior
    convictions . . . the defendant may introduce relevant,
    admissible evidence related to punishment." Code § 19.2-295.1.
    3
    Reversed and remanded.
    4
    

Document Info

Docket Number: 1776964

Filed Date: 12/30/1997

Precedential Status: Non-Precedential

Modified Date: 10/30/2014