Holloway v. Commonwealth

UPON A REHEARING EN BANC

FRANK, Judge.

Kevin L. Holloway (“appellant”) was convicted, in a bench trial, of possession with intent to distribute an imitation controlled substance, in violation of Code § 18.2-248(G), and assault and battery of a law enforcement officer, in violation of Code § 18.2-57. On a rehearing, a divided panel reversed the possession with the intent to distribute conviction, but affirmed the conviction for assault and battery of a law enforcement officer.1 See Holloway v. Commonwealth, 56 Va.App. 667, 696 S.E.2d 247 (2010).

We granted the Commonwealth’s petition for…