KELLY v. COM.

Record No. 3100-01-1.

584 S.E.2d 444 (2003)

41 Va. App. 250

Demetrius KELLY v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Richmond.

August 5, 2003.


Attorney(s) appearing for the Case

William L. Taliaferro, Jr. (Swartz, Rabinowitz, Taliaferro, Lewis, Swartz & Goodove, on brief), Norfolk, for appellant.

John H. McLees, Senior Assistant Attorney General (Jerry W. Kilgore, Attorney General, on brief), for appellee.

Present: FITZPATRICK, C.J., and BENTON, ELDER, ANNUNZIATA, BUMGARDNER, FRANK, HUMPHREYS, CLEMENTS, FELTON and KELSEY, JJ.


UPON A REHEARING EN BANC

HUMPHREYS, Judge.

This matter comes before the Court on a rehearing en banc from an unpublished panel decision rendered January 21, 2003. See Kelly v. Commonwealth, 03 Vap UNP 3100011, 2003 WL 139520 (2003). In that decision, a divided panel of this Court affirmed Kelly's conviction for possession of marijuana with intent to distribute (in violation of Code § 18.2-248.1), but reversed his conviction for importing...

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