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STEVENS v. COM.

Record No. 1415-03-4.

616 S.E.2d 754 (2005)

46 Va. App. 234

David Alan STEVENS v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Richmond.

August 9, 2005.

Attorney(s) appearing for the Case

Bonnie H. Hoffman, Deputy Public Defender (Office of the Public Defender, on briefs), for appellant.

Eugene Murphy, Assistant Attorney General (Jerry W. Kilgore, Attorney General, on brief), for appellee.

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

UPON REHEARING EN BANC

McCLANAHAN, J.

By published opinion dated October 19, 2004, a divided panel of this Court affirmed the judgment of the trial court. Stevens v. Commonwealth, 44 Va.App. 122, 603 S.E.2d 642 (2004). We stayed the mandate of that decision and granted a rehearing en banc, 44 Va.App. 414

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