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AWKARD v. COM.

Record No. 2267-93-2.

461 S.E.2d 419 (1995)

21 Va. App. 40

Kenneth Linwood AWKARD v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Richmond.

September 5, 1995.

Attorney(s) appearing for the Case

Francis McQ. Lawrence, Charlottesville (Ronald M. Huber; St. John, Bowling & Lawrence, on brief), for appellant.

Leah A. Darron, Asst. Atty. Gen. (James S. Gilmore, III, Atty. Gen., on brief), for appellee.

Before: MOON, C.J., and BAKER, BENTON, COLEMAN, KOONTZ, WILLIS, ELDER, BRAY and FITZPATRICK, JJ.

UPON A REHEARING EN BANC

BAKER, Judge.

By opinion dated February 14, 1995,1 a panel of this Court reversed Kenneth Linwood Awkard's (appellant) felony sentence imposed upon him by the Circuit Court of Albemarle County (trial court) and remanded the case to the trial court for a re-sentencing pursuant to the misdemeanor provisions of Code § 46.2-357, as amended. This Code section became effective after appellant was convicted...

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