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CARTER v. COM.

Record No. 2563-02-2.

594 S.E.2d 284 (2004)

42 Va. App. 681

Michael Anthony CARTER v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Richmond.

March 30, 2004.

Attorney(s) appearing for the Case

Rhonda Quagliana (St. John, Bowling & Lawrence, LLP, on brief), Charlottesville, for appellant.

Stephen R. McCullough, Assistant Attorney General (Jerry W. Kilgore, Attorney General, on brief), for appellee.

Present: FITZPATRICK, C.J., and BENTON, ELDER, ANNUNZIATA, BUMGARDNER, FRANK, HUMPHREYS, CLEMENTS, FELTON and KELSEY, JJ.

UPON A REHEARING EN BANC

JEAN HARRISON CLEMENTS, Judge.

Michael Anthony Carter was convicted in a bench trial of assaulting a police officer, in violation of Code § 18.2-57(C). On appeal, he contends the evidence presented at trial was insufficient to support his conviction because the Commonwealth did not prove he had the present ability to inflict actual violence upon the officer. On September 9, 2003, a divided panel of this Court affirmed Carter...

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