Carter v. Commonwealth

UPON A REHEARING EN BANC

JEAN HARRISON CLEMENTS, Judge.

Michael Anthony Carter was convicted in a bench trial of assaulting a police officer, in violation of Code § 18.2-57(C). On appeal, he contends the evidence presented at trial was insufficient to support his conviction because the Commonwealth did not prove he had the present ability to inflict actual violence upon the officer. On September 9, 2003, a divided panel of this Court affirmed Carter’s conviction, holding the evidence was sufficient to convict Carter of assaulting a police officer because Carter’s conduct “reasonably and…