Donte Lavell Brooks v. Commonwealth of Virginia

PETTY, J., with whom FRANK, HUMPHREYS, and HUFF, JJ., join,

dissenting.

I believe that Chatman failed to comply with Rule 5A:12(c)(l). Moreover, in light of the Supreme Court’s pub*632lished order in Davis v. Commonwealth, 282 Va. 339, 717 S.E.2d 796 (2011), I also believe that this failure requires us to dismiss Chatman’s appeal for lack of active jurisdiction. Accordingly, I dissent.

Rule 5A:12(a) states that “[w]hen an appeal to the Court of Appeals does not lie as a matter of right, a petition for appeal must be filed with the clerk of this Court not more than 40 days after the filing of the…