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McBRIDE v. COM.

Record No. 0774-95-1.

484 S.E.2d 165 (1997)

24 Va. App. 603

Joseph Franklin McBRIDE, Appellant, v. COMMONWEALTH of Virginia, Appellee.

Court of Appeals of Virginia.

April 22, 1997.

Attorney(s) appearing for the Case

Robert E. Frank, Norfolk, for appellant.

Margaret Ann B. Walker, 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 July 23, 1996, a majority of a panel of this Court affirmed the decision of the trial court. McBride v. Commonwealth, 22 Va.App. 730, 473 S.E.2d 85 (1996). Upon motion of Joseph Franklin McBride, 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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