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GONZALES v. COM.

Record No. 1351-03-4.

611 S.E.2d 616 (2005)

45 Va. App. 375

Francis M. GONZALES, s/k/a Francis M. Gonzalez v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Richmond.

April 12, 2005.

Attorney(s) appearing for the Case

Jason S. Rucker (Rucker & Rucker, on brief), for appellant.

Donald E. Jeffrey, III, Assistant Attorney General (Jerry W. Kilgore, Attorney General, on brief), for appellee.

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

UPON REHEARING EN BANC

FITZPATRICK, Chief Judge.

This matter comes before the Court on a rehearing en banc from an unpublished panel decision rendered July 13, 2004. See Gonzales v. Commonwealth, 04 Vap UNP 1351034 (2004). In that decision, a divided panel of this Court reversed Gonzales' conviction for rape in violation of Code § 18.2-61 and forcible sodomy in violation of Code § 18.2-67.1, finding that the trial court erred in admitting...

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