Steven Christopher Sevachko v. Commonwealth of VA

UPON A REHEARING EN BANC

COLEMAN, Senior Judge.

Steven Christopher Sevachko was convicted by a jury of perjury, in violation of Code § 18.2-434. The basis for the perjury conviction was that Sevachko had testified falsely under oath at his trial for driving on a suspended license when he testified that he had not been driving. The Commonwealth attempted to prove that Sevachko had testified falsely about not driving by proving through the arresting officer that Sevachko was, in fact, driving at the time — a fact the Commonwealth had previously attempted to prove through the officer’s testimony…