Donte Lavell Brooks v. Commonwealth of Virginia

UPON REHEARING EN BANC

McCullough, Judge.

Rule 5A:12(c)(l) requires an appellant to include “with each assignment of error” “[a]n exact reference to the pages of the transcript, written statement of facts, or record where the alleged error has been preserved in the trial court.” Appellant filed a timely petition for appeal that did not comply with this Rule. Nevertheless, he did file an amended petition for appeal, after the deadline for filing his petition for appeal had passed, that satisfied the requirements of Rule 5A:12(c)(l). We conclude that dismissal is not required based on appellant’s…