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LOWERY v. COMMONWEALTH

Record No. 1451-98-4.

535 S.E.2d 706 (2000)

33 Va. App. 6180

David Darnell LOWERY, Appellant, v. COMMONWEALTH of Virginia, Appellee.

Court of Appeals of Virginia.

October 24, 2000.

Attorney(s) appearing for the Case

Thomas W. Farrington (Hendershot & Farrington, on brief), for appellant.

John H. McLees, Jr., Senior Assistant Attorney General (Mark L. Earley, Attorney General, on brief), for appellee.

Before: FITZPATRICK, C.J., and BENTON, WILLIS, ELDER, BRAY, ANNUNZIATA, BUMGARDNER, FRANK, HUMPHREYS and CLEMENTS, JJ.

UPON A REHEARING EN BANC

On December 7, 1999, a panel of this Court reversed and dismissed the conviction of David Darnell Lowery for robbery. See Lowery v. Commonwealth, 31 Va.App. 131, 521 S.E.2d 770 (1999). We granted the Commonwealth's petition for rehearing en banc and stayed the mandate of that decision.

Upon rehearing en banc, the judgment of the trial court...

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