BOYD v. COUNTY OF HENRICO

Record Nos. 0377-02-2, 0380-02-2, 0381-02-2.

592 S.E.2d 768 (2004)

42 Va. App. 495

Sharon C. BOYD v. COUNTY OF HENRICO. Dianna Lee White v. County of Henrico. Donna Jean White v. County of Henrico.

Court of Appeals of Virginia, Richmond.

February 24, 2004.


Attorney(s) appearing for the Case

C. David Whaley (Anthony G. Spencer; Morchower, Luxton & Whaley, on brief), Richmond, for appellants.

Michael V. Gerrard, Deputy Commonwealth's Attorney, for appellee.

Amicus Curiae: Local Government Attorneys of Virginia, Inc. (Andrew McRoberts, Goochland County Attorney; Walter C. Erwin, Lynchburg City Attorney, on brief), for appellee.

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


UPON REHEARING EN BANC

D. ARTHUR KELSEY, Judge.

The trial court convicted Sharon Boyd, an erotic dancer, of violating Henrico County's public nudity ordinance. The two owners of the strip club, Dianna Lee White and Donna Jean White, were convicted of aiding and abetting Boyd's violation. They now appeal, claiming their misdemeanor convictions should be overturned on various theories. A divided panel of our Court vacated all three convictions. Boyd v....

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