Wilkins v. Commonwealth

443 S.E.2d 440, 18 Va. App. 293

Opinions

Benton, J.,

dissenting.

Without reason, this decision overrules three decisions of the Supreme Court of Virginia. See Donahue v. Commonwealth, 225 Va. 145, 154-56, 300 S.E.2d 768, 773-74 (1983); Eccles v. Commonwealth, 214 Va. 20, 197 S.E.2d 332 (1973); Boyd v. Commonwealth, 213 Va. 52, 189 S.E.2d 359 (1972). I dissent.

For the reasons stated in Donahue, Eccles, and Boyd, I would hold that the trial judge erred in admitting evidence of the prior criminal conduct. Evidence of other crimes is not admissible for the purpose of showing the defendant has a criminal propensity and was conducting himself in accordance with that propensity. I would reverse the conviction and remand for a new trial.