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VESCUSO v. COM.

Record Nos. 0710-85, 0962-85.

360 S.E.2d 547 (1987)

Richard Paul VESCUSO v. COMMONWEALTH of Virginia. Anthony Wayne FOX v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia.

September 15, 1987.

Attorney(s) appearing for the Case

Robert A. Bruce, Farmville, for appellant Vescuso.

Leslie M. Osborn, South Hill, for appellant Fox.

Eugene Murphy, Asst. Atty. Gen. (Mary Sue Terry, Atty. Gen., on brief), for appellee.

Present: KOONTZ, C.J., and BAKER, BARROW, BENTON, COLE, COLEMAN, DUFF, HODGES, KEENAN and MOON, JJ.

COLE, Judge.

ON PETITION FOR REHEARING EN BANC

Under the provisions of Code § 17-116.02, we have consolidated these two cases and granted the Commonwealth's petition for an en banc hearing based upon proper certifications that Vescuso v. Commonwealth, 4 Va.App. 32, 354 S.E.2d 68 (1987) and Fox v. Commonwealth, (unpublished order No. 0962-85, March 17, 1987...

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