Hernandez-Guerrero v. Commonwealth

KELSEY, Judge.

A jury convicted Jose Simon Hernandez-Guerrero of lynching by mob, stabbing during the commission of a felony, and malicious wounding by mob. See Code §§ 18.2-40, 18.2-53 & 18.2-41. On appeal, Hernandez-Guerrero claims his convictions should be overturned because the trial court allowed a victim witness to remain in the courtroom prior to testifying. We disagree and affirm.

I

In a parking lot in Arlington, Hernandez-Guerrero and several others confronted the victim, Juan Carlos Moreno, and his brother, Francisco Moreno. The Moreno brothers ran several hundred yards to escape.…