Criminal: OLIVER V. COMMONWEALTH [COA; 4/28/2006)

OLIVER V. COMMONWEALTH
CRIMINAL – LIO
2004-CA-001219
PUBLISHED
REVERSING AND REMANDING; PAISLEY, J.
DATE: 4/28/2006

The defendant appealed his conviction on one count of theft by deception over $300.00 and one count of criminal possession of a forged instrument. He was then sentenced to two years in prison.

The COA concluded the trial court erred in failing to instruct the jury on lesser included offenses, reversing and remanding for new trial.

The statute of limitations for misdemeanors simply does not apply when a criminal defendant who is being tried for a felony offense requests a lesser included misdemeanor instruction. If the evidence supports such an instruction, the trial court must give it.

Digested by Michael Stevens.