Jul 7, 2020
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Granted Appeal Summary
RAEQUAN EVANS S/K/A RAEQUAN D. EVANS v. COMMONWEALTH OF
(Record Number 190846)
The Court of Appeals of Virginia.
J. Barry McCracken (OFFICE OF THE PUBLIC DEFENDER) for
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.