EPPS v. COM.

Record No. 0665-97-2.

510 S.E.2d 279 (1999)

29 Va. App. 169

Mark Evans EPPS, Appellant, v. COMMONWEALTH of Virginia, Appellee.

Court of Appeals of Virginia.

February 9, 1999.


Attorney(s) appearing for the Case

Anthony G. Spencer (Morchower, Luxton & Whaley, on briefs), Richmond, for appellant.

H. Elizabeth Shaffer, Assistant Attorney General (Mark L. Earley, Attorney General, on brief), for appellee.

Before: FITZPATRICK, C.J., BENTON, COLEMAN, WILLIS, ELDER, BRAY, ANNUNZIATA, BUMGARDNER and LEMONS, JJ., and OVERTON, Senior Judge.


UPON A REHEARING EN BANC

A divided panel of this Court affirmed the judgment of the trial court. See Epps v. Commonwealth, 28 Va.App. 58, 502 S.E.2d 140 (1998). We stayed the mandate of that decision and granted rehearing en banc.

Upon rehearing en banc, the judgment of the trial court is affirmed without opinion by an evenly divided Court. Accordingly, the opinion...

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