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McGEE v. COM.

Record No. 0104-95-2.

487 S.E.2d 259 (1997)

25 Va. App. 193

Douglas McGEE, Jr. v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Richmond.

July 8, 1997.

Attorney(s) appearing for the Case

Cullen D. Seltzer, Assistant Public Defender (David J. Johnson, Public Defender, on brief), for appellant.

Marla Graff Decker, Assistant Attorney General (James S. Gilmore, III, Attorney General, on brief), for appellee.

Present: BENTON, COLEMAN, WILLIS, ELDER, BRAY, FITZPATRICK, ANNUNZIATA and OVERTON, JJ.

UPON REHEARING EN BANC

COLEMAN, Judge.

The defendant, Douglas McGee, Jr., was convicted in a bench trial of one count of possession of cocaine with intent to distribute in violation of Code § 18.2-248. A panel of this Court affirmed the conviction, holding that the defendant was not seized for Fourth Amendment purposes before he voluntarily consented to the search which resulted in the recovery of cocaine. See McGee v. Commonwealth,

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