Jahsen Heard v. Commonwealth of Virginia

VIRGINIA:
In the Court of Appeals of Virginia on Tuesday the 12th day of September, 2017.
PUBLISHED
Jahsen Heard, Appellant,
against Record No. 1576-16-1
Circuit Court Nos. CR16-114-00 through CR16-114-02
Commonwealth of Virginia, Appellee.
From the Circuit Court of the City of Hampton
Before Judges Humphreys, Decker and Russell
This petition for appeal is granted in part and denied in part. And an appeal is awarded to the
appellant from a judgment of the Circuit Court of the City of Hampton, dated September 21, 2016, with
respect to the following assignment of error:
The trial court erred in denying Heard’s motion to strike (and motion to set aside) the charges of
robbery, attempted carjacking, and conspiracy to commit carjacking, where: 1) with regard to all three
offenses, the victim, Roy Keddy, never identified Heard as one of the participants in the robbery and thus
there remained a reasonable doubt whether Heard actually committed or otherwise aided or abetted those
offenses; 2) with regard to the conspiracy, there was no proof that Heard entered into an agreement to commit
robbery beforehand and the robbery might have been committed spontaneously; and 3) with regard to the
robbery of the phone, there was no proof that the taking of the phone had been accomplished through the use
of force, threat, or intimidation, where no demands were made for the phone and the victim was unable to say
whether the phone had been taken in the course of the robbery.
No bond is required. The clerk is directed to certify this action to the trial court and to all counsel of
record.
Pursuant to Rule 5A:25, an appendix is required in this appeal and shall be filed by the appellant at the
time of the filing of the opening brief.
After a petition for appeal has been denied as a result of the one-judge review authorized by Code
§ 17.1-407(C), an appellant, pursuant to Rule 5A:15(a) or Rule 5A:15A(a) “may demand consideration of the
petition by three-judge panel pursuant to Code § 17.1-407(D).” Rule 5A:15(a) and Rule 5A:15A(a) require
that such a demand “include a statement identifying how the one-judge order is in error . . . .” In this case,
appellant’s demand for consideration by a three-judge panel did not aver that the one-judge denial order is in
error regarding the second or third assignments of error in his petition, and therefore, those assignments of
error were not reviewed by the three-judge panel. Accordingly, the remainder of the petition for appeal in
this case remains denied for the reasons set forth in the order of this Court dated May 5, 2017.
This Court’s records reflect that Charles E. Haden, Esquire, is counsel of record for appellant in this
matter.
This order shall be published.
A Copy,
Teste:
Cynthia L. McCoy, Clerk
original order signed by a deputy clerk of the
By: Court of Appeals of Virginia at the direction
of the Court
Deputy Clerk
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CERTIFICATE OF CLERK
I, Cynthia L. McCoy, Clerk of the Court of Appeals of Virginia, do hereby certify that on September
12, 2017 an appeal was awarded as described in the order to which this certificate is appended. A copy of
this certificate and a copy of the order to which it is appended were this day sent to the trial court indicated in
the order and to all counsel of record.
Given under my hand this 12th day of September, 2017.
Cynthia L. McCoy, Clerk
original order signed by a deputy clerk of the
By: Court of Appeals of Virginia at the direction
of the Court
Deputy Clerk
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