Calvin C. Jenkins v. Commonwealth of Virginia

CourtCourt of Appeals of Virginia
DecidedSeptember 23, 2025
Docket1185242
StatusUnpublished

This text of Calvin C. Jenkins v. Commonwealth of Virginia (Calvin C. Jenkins v. Commonwealth of Virginia) is published on Counsel Stack Legal Research, covering Court of Appeals of Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Calvin C. Jenkins v. Commonwealth of Virginia, (Va. Ct. App. 2025).

Opinion

COURT OF APPEALS OF VIRGINIA

Present: Judges O’Brien, Causey and Bernhard UNPUBLISHED

CALVIN C. JENKINS MEMORANDUM OPINION* v. Record No. 1185-24-2 PER CURIAM SEPTEMBER 23, 2025 COMMONWEALTH OF VIRGINIA

FROM THE CIRCUIT COURT OF NOTTOWAY COUNTY Joseph M. Teefey, Jr., Judge

(M.G. Henkle; Henkle Law Firm, on brief), for appellant. Appellant submitting on brief.

(Jason S. Miyares, Attorney General; Sabina B. Thaler, Assistant Attorney General, on brief), for appellee.

Following a jury trial, the trial court convicted Calvin C. Jenkins of malicious wounding and

sentenced him to 13 years of imprisonment. Jenkins’s five assignments of error include (i) the trial

court’s denial of his attorney’s motion to withdraw and refusal to allow Jenkins to represent himself,

(ii) the trial court’s refusal to submit his jury instructions on self-defense, (iii) challenges to the

sufficiency of the evidence to sustain his conviction, (iv) the trial court’s decision to proceed to trial

even though only some of his witnesses were present,1 and (v) the trial court’s abuse of its discretion

in imposing a 13-year sentence. We find no error and affirm the judgment.2

* This opinion is not designated for publication. See Code § 17.1-413(A). 1 Considering appellant’s failure to preserve this objection, he seeks an “ends of justice” exception under Rule 5A:18. See infra Analysis (Assignments of Error I and IV). 2 After examining the briefs and record in this case, the panel unanimously holds that oral argument is unnecessary because “the dispositive issue or issues have been authoritatively decided, and the appellant has not argued that the case law should be overturned, extended, modified, or reversed.” Code § 17.1 403(ii)(b); Rule 5A:27(b). BACKGROUND3

Pretrial Proceedings

By warrant, Jenkins was charged with malicious wounding of Albert Sweeney in violation

of Code § 18.2-51. At an October 19, 2022 preliminary hearing, the General District Court of

Nottoway County found probable cause that Jenkins committed the offense and certified the charge

to the grand jury. Attorney Gordon Peters represented Jenkins at the preliminary hearing.4

The trial court appointed Peters to represent Jenkins. A Nottoway County grand jury

indicted Jenkins for malicious wounding on November 1, 2022. At a November 28, 2022 hearing,

Jenkins elected a jury trial, but asked the trial court to appoint him a new attorney. Jenkins

specifically requested the trial court to appoint Marlene Harris as his attorney. The trial court

denied Jenkins’s request, noting that Peters could “file an appropriate motion.” Jenkins’s case was

continued to January 3, 2023, to be scheduled for a jury trial.

At a hearing on January 9, 2023, Jenkins again requested appointment of replacement

counsel. The trial court ordered Peters to file a motion and order permitting him to withdraw and

appointed M.G. Henkle as Jenkins’s lawyer to replace Peters. The trial court set a jury trial date of

May 10, 2023.

3 “Consistent with the standard of review when a criminal appellant challenges the sufficiency of the evidence, we recite the evidence below ‘in the “light most favorable” to the Commonwealth, the prevailing party in the trial court.’” Hammer v. Commonwealth, 74 Va. App. 225, 231 (2022) (quoting Commonwealth v. Cady, 300 Va. 325, 329 (2021)). This standard “requires us to ‘discard the evidence of the accused in conflict with that of the Commonwealth, and regard as true all the credible evidence favorable to the Commonwealth and all fair inferences to be drawn therefrom.’” Cady, 300 Va. at 329 (quoting Commonwealth v. Perkins, 295 Va. 323, 324 (2018)). 4 The court’s order also notes the name “Spence” in the blank for incurred costs for a court-appointed attorney. At a subsequent hearing in the trial court, Peters indicated that Jenkins originally was represented by Ben Spence, but a conflict of interest was discovered, and Peters took over the case. -2- The parties appeared for trial on May 10, 2023. The Commonwealth’s witnesses were

present, and the prosecutor was ready to move forward with trial. Citing the need for further

investigation, and potentially issuing witness subpoenas for individuals who were patients at or

associated with the Virginia Center for Behavioral Rehabilitation (VCBR), the defense moved for a

continuance. Henkle identified Travis Cross as a potential defense witness. Cross had been a

patient at VCBR, but he was no longer at the facility and his whereabouts were unknown.

Jenkins had also identified a former VCBR employee as a witness, but Henkle did not know that

person’s whereabouts. The trial court continued the case to July 7, 2023, to set a jury trial.

Citing disagreements with Jenkins and Jenkins’s desire to represent himself, Henkle moved

to withdraw as counsel. Emphasizing Henkle’s experience as a criminal defense attorney, the trial

court denied Henkle’s motion to withdraw and advised Jenkins to cooperate with Henkle. The case

was later set for a jury trial on January 9, 2024.

Before trial began on January 9, 2024, the trial court arraigned Jenkins and he pleaded not

guilty. The trial court asked if Jenkins’s witnesses were present. Jenkins said yes, but that Henkle

had said all the witnesses were not there. Henkle stated that only two of his six subpoenaed

witnesses were present.5 One of them had the same name as a person Jenkins wanted as a witness,

but was not the person in question.

When asked if he would like to continue the matter, Henkle said that Jenkins stated he

would like to represent himself with Henkle serving as standby counsel. After the trial court

allowed Henkle and Jenkins to confer, Jenkins stated, “I’m going to go forward. I don’t know what

about to happen, but you say all my witnesses ain’t there. But I’m going to go for it.” Jenkins

reiterated that he wanted a jury trial and to testify in his own behalf.

5 Later, during voir dire of the jury, the defense identified Sonita Rhoades as a witness, and she was present in court. -3- When the trial court asked if he wanted to represent himself or have Henkle conduct the

trial, Jenkins responded, “I thought we were working together.” Jenkins acknowledged that with

Henkle trying the case, he would call Jenkins to the witness stand to answer Henkle’s questions

about the incident, rather than Jenkins simply offering his narrative of the events. Henkle

commented that his relationship with Jenkins had deteriorated and Jenkins had expressed

dissatisfaction with Henkle’s defense of him.

Returning to the question of whether Jenkins wished to represent himself or have Henkle as

standby counsel, Jenkins said, “I want . . . him to represent me, but I want him to help me. Not

represent me and hurt me.” He expressed his wish to testify and “tell why [he] did what [he] did”

and the reasons that “led up to this,” even though his witnesses were not present. Jenkins continued,

“Okay. He representing me . . . I also want to take the trial in [sic] my own behalf and tell what

happened.” The trial court responded that Jenkins could testify and it was his decision to make.

Jenkins asked Henkle, “You want to represent me, or you don’t want to represent me?”

Henkle noted that he would serve as Jenkins’s attorney until removed by the court. Jenkins then

stated, “I want you to be my attorney,” and that he wanted to take the witness stand. Jenkins said he

understood the process and that he would be subject to cross-examination by the Commonwealth if

he elected to testify.

Trial

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