Steve Whitt v. Commonwealth of Virginia

COURT OF APPEALS OF VIRGINIA Present: Chief Judge Felton, Judges Elder, Frank, Humphreys, Kelsey, Petty, Beales, Alston, PUBLISHED McCullough, Huff and Chafin Argued at Richmond, Virginia STEVE WHITT OPINION BY v. Record No. 0885-11-3 JUDGE STEPHEN R. McCULLOUGH MARCH 26, 2013 COMMONWEALTH OF VIRGINIA UPON REHEARING EN BANC FROM THE CIRCUIT COURT OF BUCHANAN COUNTY Patrick R. Johnson, Judge T. Shea Cook (T. Shea Cook, P.C., on brief), for appellant. Alice T. Armstrong, Assistant Attorney General II (Kenneth T. Cuccinelli, II, Attorney General, on brief), for appellee. We consider in this…