Commonwealth v. Holman

PRESENT: All the Justices COMMONWEALTH OF VIRGINIA OPINION BY v. Record No. 230343 JUSTICE STEPHEN R. McCULLOUGH April 4, 2024 MARCUS CLEOPHUS HOLMAN FROM THE COURT OF APPEALS OF VIRGINIA The Commonwealth appeals from a decision of the Court of Appeals of Virginia reversing Marcus Cleophus Holman’s conviction for use of a firearm in the commission of a felony. The Court of Appeals held that although Holman had not preserved his challenge to this conviction, the “ends of justice” exception to Rule 5A:18 applied, and, additionally, the approbate and reprobate doctrine did not apply. At trial,…