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HAMLIN v. COMMONWEALTH

Record No. 1412-99-2.

545 S.E.2d 556 (2001)

35 Va. App. 375

Calvin Leon HAMLIN v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia.

May 1, 2001.

Attorney(s) appearing for the Case

Gregory W. Franklin, Assistant Public Defender (Office of the Public Defender, on brief), for appellant.

Marla Graff Decker, 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, CLEMENTS and AGEE, JJ.

UPON A REHEARING EN BANC

By published opinion dated September 26, 2000, a divided panel of this Court affirmed the judgment of the trial court. See Hamlin v. Commonwealth, 33 Va.App. 494, 534 S.E.2d 363 (2000). We stayed the mandate of that decision and granted a rehearing en Ganz.

Upon rehearing en banc, it is ordered that the stay of the September 26, 2000 mandate...

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