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ASBY v. COM.

Record No. 0176-00-1.

546 S.E.2d 748 (2001)

35 Va. App. 572

Paul Trevor ASBY, Appellant, v. COMMONWEALTH of Virginia, Appellee.

Court of Appeals of Virginia.

May 29, 2001.

Attorney(s) appearing for the Case

J. Barry McCracken (Cook & McCracken, on brief), Norfolk, for appellant.

Eugene Murphy, 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

Upon a rehearing en banc, the stay of this Court's January 9, 2001 mandate is lifted, and the judgment of the trial court is affirmed in accordance with the majority opinion of a panel of this Court in Asby v. Commonwealth, 34 Va.App. 217, 539 S.E.2d 742 (2001).

BENTON and CLEMENTS, JJ., dissent for those reasons expressed in the dissenting opinion...

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