In per curiam opinion procedure, Virginia appellate court denies Theodore Roosevelt Bailey’s appeal
Warrenton, VA – September 26, 2018 the Virginia Court of Appeals agreed with the Commonwealth of Virginia in a written opinion released today denying the appeal of Theodore Roosevelt Bailey who was convicted of Burglary and a related charge on August 21, 2017.
A Fauquier County Jury convicted Bailey and fixed a sentence of 16 years for the offender who had at least 20 prior felony convictions on his record.
Bailey appealed the case alleging basically two theories. First, he claimed that the use of a similar Loudoun County Burglary as modus operandi circumstantial evidence of guilt was improper. He claimed that the use of other crimes evidence (other than what he was being tried for) was irrelevant and prejudicial. The court disagreed and upheld the discretion of the trial judge who permitted the information to be admitted to the jury for their consideration along with other proof.
Bailey also claimed that the circumstantial case against him was insufficient as a matter of proof and that the trial judge erred in allowing it to be given to the jury as a matter of law. He lost that claim in the appellate court as well. Prosecutors used cell phone tracking evidence along with license plate reader evidence as well as home security video footage to prove Bailey was the burglar who broke into the home of a Fauquier County resident on February 8, 2017. The jury believed the evidence in its totality proved that Bailey was the burglar. They did not receive proof of his prior record during the guilt phase of the trial and were unaware of his lengthy criminal record. After the jury found Bailey guilty they fixed a sentence of 14 years in prison for the burglary and 2 years additional for possession of burglarious tools.
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