Steve Whitt v. Commonwealth of Virginia

UPON REHEARING EN BANC

McCullough, judge.

We consider in this appeal whether the appellant, Steve Whitt, failed to comply with the requirements of Rule 5A:12(c)(l) in his petition for appeal, and, if so, whether this failure requires us to dismiss his appeal. We conclude that this Court may entertain Whitt’s motion to amend his assignment of error. Therefore, the petition for appeal is properly before us. Turning to the merits of the appeal, we affirm Whitt’s convictions.

BACKGROUND

Appellant, who was a witness in a police investigation, telephoned the police and asked Investigator Mike Thompson…