Hackney v. Commonwealth

UPON A REHEARING EN BANC

COLEMAN, Judge.

Charlie Hackney was convicted in a jury trial of grand larceny and possession of a firearm by a convicted felon. He appealed the grand larceny conviction on the ground that the trial court erred by refusing to sever the charge of possession of a firearm by a felon from the grand larceny charge, as required by Rule 3A:10(c) and our holdings in Johnson v. Commonwealth, 20 Va.App. 49, 56, 455 S.E.2d 261, 265 (1995), and Long v. Commonwealth, 20 Va.App. 223, 226-27, 456 S.E.2d 138, 139 (1995). A majority of a panel of this Court, utilizing a harmless error…