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HERNANDEZ v. COM.

Record No. 0458-10-4.

716 S.E.2d 484 (2011)

59 Va. App. 37

Sebastian Cortez HERNANDEZ, s/k/a Sebastian Cortes-Hernandez, Appellant. v. COMMONWEALTH of Virginia, Appellee.

Court of Appeals of Virginia.

October 25, 2011.

Attorney(s) appearing for the Case

Christopher D. Feldmann (Irving & Irving, P.C., Manassas, on briefs,) for appellant.

Virginia B. Theisen , Senior Assistant Attorney General ( Kenneth T. Cuccinelli, II , Attorney General; Richard B. Smith , Special Assistant Attorney General, on brief), for appellee.

Before FELTON, C.J., and ELDER, FRANK, HUMPHREYS, KELSEY, HALEY, PETTY, BEALES and HUFF, JJ.

Upon a Rehearing En Banc.

By opinion dated April 5, 2011, a panel of this Court affirmed the judgment of the trial court. See Cortez-Hernandez v. Commonwealth, 58 Va.App. 66, 706 S.E.2d 893 (2011). We, thereafter, granted appellant's petition for rehearing en banc, stayed the mandate of the panel decision, and reinstated the appeal on the docket of this Court.

Upon such...

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