Herrera v. Commonwealth

ANNUNZIATA, Judge.

Following a jury trial in the Circuit Court of the City of Virginia Beach conducted in January 1995, appellant, Martin Herrera, Jr., was convicted of child neglect in violation of Code § 40.1-103. Herrera’s opening brief on appeal, challenging the trial court’s refusal to instruct the jury on criminal negligence, was received by the Clerk of this Court in November 1995. In October 1995, in an unrelated case, a panel of this Court held portions of Code § 40.1-103 unconstitutionally vague. See Commonwealth v. Carter, 21 Va.App. 150, 462 S.E.2d 582 (1995). Herrera failed to…