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THOMAS v. COMMONWEALTH

Record No. 2889-03-4.

613 S.E.2d 870 (2005)

45 Va. App. 811

Raymond Brian THOMAS, Sr., Appellant, v. COMMONWEALTH of Virginia, Appellee.

Court of Appeals of Virginia.

June 14, 2005.

Attorney(s) appearing for the Case

Steven A. Merril (Laura P. Leibowitz; Whitestone, Brent, Young & Merril, P.C., on brief), Fairfax, for appellant.

Steven A. Witmer, Assistant Attorney General (Judith Williams Jadgmann, Attorney General, on brief), for appellee.

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

Upon Rehearing En Banc

By published opinion dated January 25, 2005, a panel of this Court affirmed the judgment of the trial court. We stayed the mandate of that decision and granted rehearing en banc. Upon reconsideration, the stay of this Court's January 25, 2005 mandate is lifted and we affirm the trial court for the reasons stated in the majority opinion in Thomas v. Commonwealth, 44...

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