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POWELL v. COM.

Record No. 3042-99-2.

548 S.E.2d 926 (2001)

36 Va. App. 231

Ray Lloyd POWELL, Appellant, v. COMMONWEALTH of Virginia, Appellee.

Court of Appeals of Virginia.

July 17, 2001.

Attorney(s) appearing for the Case

Robert J. Wagner, (Wagner & Wagner, on brief), for appellant.

Shelly R. James, Assistant Attorney General (Mark L. Earley, Attorney General, on brief), for appellee.

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

UPON A REHEARING EN BANC

By opinion dated November 28, 2000, a panel of this Court reversed the judgment of the trial court and remanded this case for a new trial. Powell v. Commonwealth, 34 Va.App. 13, 537 S.E.2d 602 (2000). We stayed the mandate of that decision and granted rehearing en banc. Upon rehearing en banc, we withdraw the opinion previously rendered on November...

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