Peeples v. Commonwealth

UPON A REHEARING EN BANC

BUMGARDNER, Judge.

A panel of this Court reversed David Toran Peeples’s convictions of aggravated malicious wounding and use of a firearm in the commission of the aggravated malicious wounding. See Peeples v. Commonwealth, 28 Va.App. 360, 504 S.E.2d 870 (1998). Upon rehearing en banc, we conclude that the trial court did not err by excluding the expert witness’ testimony regarding Peeples’s mental state. Accordingly, we affirm the convictions.

The victim and Richard Harvey were walking along the street when the defendant and a friend drove by, parked, got out, and…