NEELY v. COM.

Record No. 2325-03-1.

611 S.E.2d 627 (2005)

45 Va. App. 399

Demetrius Lamont NEELY, Appellant, v. COMMONWEALTH of Virginia, Appellee.

Court of Appeals of Virginia.

April 12, 2005.


Attorney(s) appearing for the Case

Gregory B. Turpin, Virginia Beach, for appellant.

Robert H. Anderson, III, Senior Assistant Attorney General (Jerry W. Kilgore, Attorney General, on brief), for appellee.

Before Chief Judge FITZPATRICK, Judges BENTON, ELDER, BUMGARDNER, FRANK, HUMPHREYS, CLEMENTS, FELTON, KELSEY, McCLANAHAN and HALEY.


Upon a Rehearing En Banc

By published opinion dated November 9, 2004, a divided panel of this Court reversed the judgment of the trial court. See Neely v. Commonwealth, 44 Va.App. 239, 604 S.E.2d 733 (2004). We stayed the mandate of that decision and granted a rehearing en banc, 44 Va.App. 535, 605 S.E.2d 777<...

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