Hudgins v. Commonwealth

UPON REHEARING EN BANC

WALTER S. FELTON, JR., Judge.

This matter comes before the Court on a rehearing en banc from a panel decision, Hudgins v. Commonwealth, 40 Va.App. 1, 577 S.E.2d 505 (2003). In that decision, a divided panel held that Tarik H. Hudgins’s acquittal on a prior robbery indictment acted as a bar to his subsequent indictment and prosecution for grand larceny from the person based on the same theft. Reversing his conviction, the panel held that collateral estoppel protections of the Double Jeopardy Clause barred the Commonwealth’s subsequent attempt to convict Hudgins of grand…