against Record No. 1412-99-2
Circuit Court No. CR-98-4171
Commonwealth of Virginia, Appellee.
Upon a Rehearing En Banc
Before Chief Judge Fitzpatrick, Judges Benton, Willis, Elder, Bray,
Annunziata, Bumgardner, Frank, Humphreys, Clements and Agee
Gregory W. Franklin, Assistant Public Defender
(Office of the Public Defender, on brief), for
appellant.
Marla Graff Decker, Assistant Attorney General
(Mark L. Earley, Attorney General, on brief), for
appellee.
By published opinion dated September 26, 2000, a divided
panel of this Court affirmed the judgment of the trial court. See
Hamlin v. Commonwealth, 33 Va. App. 494, 534 S.E.2d 363 (2000). We
stayed the mandate of that decision and granted a rehearing en banc.
Upon rehearing en banc, it is ordered that the stay of the
September 26, 2000 mandate is lifted, and the judgment of the trial
court is affirmed for the reasons set forth in the majority panel
opinion.
Judge Benton dissents for the reasons set forth in the
panel dissent. See id. at 503-06, 534 S.E.2d at 367-68.
The Commonwealth shall recover of the appellant an
additional fee of $200 for services rendered by the Public Defender
on the rehearing portion of this appeal, in addition to counsel's
costs and necessary direct out-of-pocket expenses. This amount shall
be added to the costs due the Commonwealth in the September 26, 2000
mandate.
This order shall be published and certified to the trial
court.
A Copy,
Teste:
Cynthia McCoy, Clerk
By:
Deputy Clerk
