Miscellaneous
This podcast is provided by Ben Glass and Steve Emmert www.BenGlassReferrals.com - www.Virginia-Appeals.com Granted Appeal Summary Case RAEQUAN EVANS S/K/A RAEQUAN D. EVANS v. COMMONWEALTH OF VIRGINIA (Record Number 190846) From The Court of Appeals of Virginia. Counsel J. Barry McCracken (OFFICE OF THE PUBLIC DEFENDER) for appellant. Kristin S. Fellers (OFFICE OF THE COMMONWEALTH’S ATTORNEY) for appellee. Assignment of Error The Court of Appeals erred in affirming the trial court’s denial of the Defendant’s motion to dismiss because the prosecution of the Defendant for the possession of the firearm constituted a successive prosecution of the Defendant for the same act as that which was the subject of an earlier trial and conviction in the Norfolk General District Court for misdemeanor possession of a concealed weapon, such successive prosecution being barred by the provisions of Virginia Code § 19.2-294. http://www.courts.state.va.us/courts/scv/appeals/190846.pdf