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HOLSAPPLE v. COM.

Record No. 3078-00-2.

574 S.E.2d 756 (2003)

Thomas Michael HOLSAPPLE v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Richmond.

January 14, 2003.

Attorney(s) appearing for the Case

Charles L. Weber, Jr., Charlottesville, for appellant.

Steven A. Witmer, Assistant Attorney General (Jerry W. Kilgore, Randolph A. Beales, Attorney General, on brief), for appellee.

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

UPON A REHEARING EN BANC

ROBERT J. HUMPHREYS, Judge.

This matter comes before the Court on a rehearing en banc from a decision of a divided panel rendered July 9, 2002. See Holsapple v. Commonwealth, 38 Va.App. 480, 566 S.E.2d 210 (2002). The panel affirmed Holsapple's conviction for fraudulently obtaining an advance of payment for construction work to be performed in the...

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