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LEMONS v. COM.

Record No. 0327-90-3.

420 S.E.2d 525 (1992)

Warren Edward LEMONS, Jr., Appellant, v. COMMONWEALTH of Virginia, Appellee.

Court of Appeals of Virginia.

August 11, 1992.

Attorney(s) appearing for the Case

John Gregory, Jr., for appellant.

John H. McLees, Jr., Asst. Atty. Gen. (Mary Sue Terry, Atty. Gen., on brief), for appellee.

Before KOONTZ, C.J., and BAKER, BARROW, BENTON, COLEMAN, DUFF, MOON, WILLIS, ELDER and BRAY, JJ.

UPON REHEARING EN BANC

On February 25, 1992, a panel of this Court affirmed the conviction of Warren Edward Lemons, Jr. See 13 Va.App. 668, 414 S.E.2d 842 (1992). A dissenting opinion was filed in the panel decision. Lemons' petition for rehearing en banc was granted and was argued on June 17, 1992.

We hold that the issues presented in this case are controlled by our opinion in White v. Commonwealth,<...

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