Asby v. Commonwealth

Full title: PAUL TREVOR ASBY, Appellant, v. COMMONWEALTH OF VIRGINIA, Appellee

Court: Court of Appeals of Virginia

Date published: May 29, 2001

35 Va. App. 572 (Va. Ct. App. 2001)

546 S.E.2d 748

Opinion

Record No. 0176-00-1. Circuit Court No. CR96001390.

May 29, 2001.

J. Barry McCracken (Cook McCracken, on brief), Norfolk, for appellant.

Eugene Murphy, Assistant Attorney General (Mark L. Earley, Attorney General, on brief), for appellee.

Before FITZPATRICK, C.J., and BENTON, WILLIS, ELDER, BRAY, ANNUNZIATA, BUMGARDNER, FRANK, HUMPHREYS and CLEMENTS, JJ.

UPON A REHEARING EN BANC.

Upon a rehearing en banc, the stay of this Court's January 9, 2001 mandate is lifted, and the judgment of the trial court is affirmed in accordance with the majority opinion of a panel of this Court in Asby v. Commonwealth, 34 Va. App. 217, 539 S.E.2d 742 (2001).

Judges Benton and Clements dissent for those reasons expressed in the dissenting opinion of the panel. See id. at 224-31, 539 S.E.2d at 745-48.

This order shall be published and certified to the trial court.