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October 3, 2000

Professor Richard A. Williamson Mead Data Central, Inc.

College of William and Mary Legal Data Collections

Williamsburg, Virginia 23185 8891 Gander Creek Drive

Miamisburg, Ohio 45342

Mr. David M. George

Judicial Relations Counsel Elizabeth Oyster, Esq.

Editorial Department D-4 Geronimo Development Corp.

West Publishing Company 606 25th Avenue, South

610 Opperman Drive Suite 206

Eagan, Minnesota 55123 St. Cloud, Minnesota 56301

Paul Fletcher, Publisher

Virginia Lawyers Weekly

106 North Eighth Street

Richmond, Virginia 23219

Re: Jack Enic Clark

v. Commonwealth of Virginia

Record No. 1425-97-4

Gentlemen and Ms. Oyster:

I am enclosing to you a copy of an order entered by this

Court in the above-referenced case on October 3, 2000. The Court

has directed that this order be published in the appropriate

volumes. I appreciate your cooperation in ensuring that

publication is accomplished.

NOTE TO WEST PUBLISHING: THE COURT HAS DIRECTED THAT THIS

ORDER BE PUBLISHED IN THE SAME ADVANCE REPORTS THAT CONTAIN THE

OPINIONS DATED OCTOBER 3, 2000. THIS ORDER IS NOT TO BE WITHHELD

FROM PUBLICATION IN THAT ADVANCE REPORT FOR ANY REASON.

Sincerely,

Marty K. P. Ring

Deputy Clerk

Enclosure

MKPR:mfr

Tuesday 3rd

October, 2000.

Jack Enic Clark, Appellant,

against Record No. 1425-97-4

Circuit Court Nos. 90834 and 90836

Commonwealth of Virginia, Appellee.

Upon a Rehearing En Banc

Before Chief Judge Fitzpatrick, Judges Benton, Coleman,

Elder, Bray, Bumgardner, Humphreys and Senior Judge Cole

Peter D. Greenspun (Peter D. Greenspun &

Associates, P.C., on brief), for appellant.

John H. McLees, Jr., Senior Assistant

Attorney General (Mark L. Earley,

Attorney General, on brief), for appellee.

On November 30, 1999, a panel of this Court reversed

and remanded the convictions of Jack Enic Clark for sodomy and

statutory rape. See Clark v. Commonwealth, 31 Va. App. 96, 521

S.E.2d 313 (1999). We granted the Commonwealth's petition for

rehearing

en banc.

Upon rehearing en banc, the judgment of the trial court

is affirmed without opinion by an evenly divided Court.

Accordingly, the opinion previously rendered by a panel of this

Court on

November 30, 1999 is withdrawn and the mandate entered on that

date is vacated. The appellant shall pay to the Commonwealth of

Virginia thirty dollars damages.

Chief Judge Fitzpatrick, Judges Coleman, Bumgardner and

Humphreys voted to affirm said judgment.

Judges Benton, Elder, Bray and Senior Judge Cole voted

to reversed the judgment of the trial court.

This order shall be published and certified to the

trial court.

A Copy,

Teste:

Cynthia L. McCoy, Clerk

By:

Deputy Clerk

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