Posten

The appellant in this case was convicted by a jury of kidnap with intent to commit robbery and robbery, three counts of false imprisonment, and the unlawful driving and taking of a vehicle. He was sentenced to life imprisonment for kidnaping with intent to commit robbery, sentencing on the other counts to run concurrently.

On February 20, 1972, Ted Faravelli was confronted at the door of his home by two men wearing stocking masks, one of whom held his family hostage, while the other forced him at gunpoint to Faravelli’s restaurant where he was forced to give appellant $7,000 in cash from the restaurant safe. During the drive to the restaurant, appellant removed the stocking mask, and Faravelli was able to observe appellant at close range for a period of at least 45 minutes, including a 10 to 15 minute period at the restaurant when the two had coffee sitting across a small table. Appellant returned Faravelli to his home, and appellant and his partner escaped in Faravelli’s car.

Appellant’s partner was arrested, convicted and sentenced to prison in 1972.

On October 16, 1973, appellant was incarcerated in the Virginia State Penitentiary and on that date he acknowledged…