UPON A REHEARING EN BANC
COLEMAN, Judge.
The defendant, Ulysses L. Thomas, appeals his convictions for driving after having been declared an habitual offender, Code § 46.2-357, and refusing to submit to a blood or breath test, Code § 18.2-268.2. A panel of this Court reversed the conviction for driving after having been declared an habitual offender and transferred the refusal appeal to the Supreme Court. Thomas v. Commonwealth,
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