Armstrong v. Commonwealth

UPON A REHEARING EN BANC

AGEE, Judge.

Eric Wayne Armstrong, appellant, was convicted in a bench trial of possession of a firearm by a convicted felon, in violation of Code § 18.2-308.2.1 He contends the evidence was insufficient to prove that the object he possessed was a firearm because it was not “operable.”

In an unpublished opinion, a divided panel of this Court affirmed the conviction. Armstrong v. Commonwealth, No. 1388-99-3, 2000 WL 1724998 (Va.Ct.App. Nov. 21, 2000). However, we stayed the mandate of that decision and granted a rehearing en banc. Upon rehearing en banc, the stay of the…