Brown v. Commonwealth

UPON REHEARING EN BANC

ANNUNZIATA, Judge.

Following a jury trial, appellant, Damarcus Mandell Brown, s/k/a DeMarcus M. Brown, was convicted of robbery in violation of Code § 18.2-58. On appeal, Brown argued that the trial court erred in refusing to instruct the jury on attempted robbery. By memorandum opinion issued November 21, 1995, in Damarcus Mandell Brown, s/k/a DeMarcus M. Broum v. Commonwealth of Virginia, Record No. 1341-94-2, a panel of this Court affirmed appellant’s conviction. On appellant’s motion, we stayed the mandate of that decision and granted a rehearing en banc. Upon…