Jul 7, 2020
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Granted Appeal Summary
Case
RAEQUAN EVANS S/K/A RAEQUAN D. EVANS v. COMMONWEALTH OF
VIRGINIA
(Record Number 190846)
From
The Court of Appeals of Virginia.
Counsel
J. Barry McCracken (OFFICE OF THE PUBLIC DEFENDER) for
appellant.
Kristin S. Fellers (OFFICE OF THE COMMONWEALTH’S ATTORNEY) for
appellee.
Assignment of Error
The Court of Appeals erred in affirming the trial court’s denial
of the Defendant’s motion to
dismiss because the prosecution of the Defendant for the possession
of the firearm constituted a
successive prosecution of the Defendant for the same act as that
which was the subject of an
earlier trial and conviction in the Norfolk General District Court
for misdemeanor possession of
a concealed weapon, such successive prosecution being barred by the
provisions of Virginia
Code § 19.2-294.