Newman v. Commonwealth
Annotate this CaseAppellant Daniel Newman was convicted of two counts of first-degree sodomy and one count of attempted first-degree sexual abuse. The jury recommended a life sentence for each of the sodomy convictions, and Appellant was sentenced in accordance with the jury's recommendation. The Supreme Court (1) affirmed Appellant's convictions, holding (a) the trial court did not err by introducing other crimes evidence, and (b) questions by the prosecutor during the cross-examination of Appellant were improper but did not rise to the level of palpable error; but (2) vacated Appellant's life sentence, holding that the jury was improperly instructed as to the sentencing range. Remanded for a new penalty phase.
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