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SHENK v. COM.

Record No. 1165-96-4.

494 S.E.2d 162 (1997)

26 Va. App. 252

Carson Ray SHENK, Appellant, v. COMMONWEALTH of Virginia, Appellee.

Court of Appeals of Virginia.

December 30, 1997.

Attorney(s) appearing for the Case

Christian J. Griffin, Assistant Public Defender, for appellant.

Pamela A. Rumpz, Assistant Attorney General (Richard Cullen, Attorney General, on brief), for appellee.

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

By opinion dated June 3, 1997, a majority of a panel of this Court affirmed the decision of the trial court. Shenk v. Commonwealth, 24 Va.App. 816, 485 S.E.2d 669 (1997). Upon motion of Carson Ray Shenk, we stayed the mandate of that decision and granted a hearing en banc. Upon such rehearing, the stay of this Court's June 3, 1997 mandate is...

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