Garcia v. Commonwealth

UPON REHEARING EN BANC

COLEMAN, Judge.

Edwin Garcia was convicted in a jury trial of first degree murder, use of a firearm in commission of murder, and possession of a firearm by a convicted felon. Garcia contends that the trial court erred by allowing a witness to testify on cross-examination by defense counsel about a hearsay statement the victim made to the witness. A panel of this Court held that the testimony was inadmissible hearsay and reversed the defendant’s convictions. Garcia v. Commonwealth, 19 Va.App. 574, 454 S.E.2d 9 (1995). We granted a rehearing en banc. Upon rehearing, we hold…