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CRUZ v. COM.

Record No. 0749-95-4.

482 S.E.2d 880 (1997)

24 Va. App. 454

Jose Luis CRUZ, Appellant, v. COMMONWEALTH of Virginia, Appellee.

Court of Appeals of Virginia.

March 25, 1997.

Attorney(s) appearing for the Case

Sean D. O'Malie (Pelton, Balland, Young, Demsky, Baskin & O'Malie, on brief), Arlington, for appellant.

Eugene Murphy, Assistant Attorney General (James S. Gilmore, III, Attorney General, on brief), for appellee.

Before MOON, C.J., and BAKER, BENTON, COLEMAN, WILLIS, BRAY, FITZPATRICK, ANNUNZIATA and OVERTON, JJ.

UPON REHEARING EN BANC

By opinion dated September 3, 1996, a majority of a panel of this Court affirmed the decision of the trial court. Cruz v. Commonwealth, 23 Va.App. 113, 474 S.E.2d 835 (1996). Upon motion of Jose Luis Cruz, we granted a hearing en banc. Upon such rehearing, the judgment of the trial court is affirmed. We adopt as the opinion of this Court en banc...

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