Donte Lavell Brooks v. Commonwealth of Virginia

COURT OF APPEALS OF VIRGINIA Present: Chief Judge Felton, Judges Elder, Frank, Humphreys, Kelsey, Petty, Beales, Alston, PUBLISHED McCullough, Huff and Chafin Argued at Richmond, Virginia DONTE LAVELL BROOKS OPINION BY v. Record No. 2708-10-1 JUDGE STEPHEN R. McCULLOUGH MARCH 26, 2013 COMMONWEALTH OF VIRGINIA UPON REHEARING EN BANC FROM THE CIRCUIT COURT OF THE CITY OF CHESAPEAKE John W. Brown, Judge1 Kenneth L. Singleton for appellant. Alice T. Armstrong, Assistant Attorney General II (Kenneth T. Cuccinelli, II, Attorney General, on brief), for appellee. The question before us in this appeal…