McMillan v. Commonwealth

UPON A REHEARING EN BANC

POWELL, Judge.

Johnathan Wesley McMillan (“McMillan”) appeals his convictions for attempted capital murder, in violation of Code §§ 18.2-25 and 18.2-31, and possession of a concealed weapon by a convicted felon, in violation of Code § 18.2-308.2(A). He argues that the Commonwealth failed to produce sufficient evidence to convict him of either charge. A panel of this *395Court affirmed McMillan’s conviction for attempted capital murder. See McMillan v. Commonwealth, Record No.2074-07-2, 2009 WL 667190 (Va.Ct.App. Mar. 17, 2009). A majority of the panel reversed McMillan’s…