Fishback v. Commonwealth

In Fishback v. Commonwealth, 260 Va. 104, 532 S.E.2d 629 (2000), the appellant proffered two jury instructions, one stating that "there is no parole in Virginia" and the other stating that the jury "assume that the defendant will actually serve all of the jail or prison time you find to be an appropriate sentence and you are not otherwise to concern yourselves with what may happen afterwards." Id. at 109, 532 S.E.2d at 630. The trial court rejected both instructions. During deliberations the jury inquired of the court, "Can he qualify for parole?" The trial court instructed the jury, "having found Fishback guilty, you should impose such punishment as you feel is just under the evidence and within the instructions of the Court. You are not to concern yourselves with what may happen afterwards." Id. at 110, 532 S.E.2d at 631. Fishback's attorney "did not object to this instruction or renew her request that the trial court instruct the jury that parole had been abolished." Id.