Johnson v. Commonwealth

UPON A REHEARING EN BANC

BENTON, Judge.

Levon Johnson was convicted in a jury trial of attempted unlawful wounding and use of a firearm in the commission of attempted malicious wounding. Johnson contends the firearm conviction must be reversed because the trial judge in response to a question from the jury, failed to inform the jury of the applicable law. In an unpublished opinion, a panel of this Court, with one judge dissenting, held that Johnson had not properly preserved the issue for appeal and affirmed the convictions. See Johnson v. Commonwealth, No. 0408-93-1, 1994 WL 594181 (Va.…