McCauley v. Commonwealth

Full title: Junior Franklin McCAULEY, Appellant, v. COMMONWEALTH of Virginia, Appellee.

Court: Court of Appeals of Virginia

Date published: Mar 29, 1994

443 S.E.2d 164 (Va. Ct. App. 1994)

Opinion

443 S.E.2d 164 (Va.App. 1994) Junior Franklin McCAULEY, Appellant, v. COMMONWEALTH of Virginia, Appellee. No. 0809-92-2. Court of Appeals of Virginia. March 29, 1994.

        Scott Goodman, for appellant.

        Leah A. Darron, Asst. Atty. Gen. (Stephen D. Rosenthal, Atty. Gen., on brief), for appellee.

        Before MOON, C.J., and BAKER, BARROW, BENTON, COLEMAN, KOONTZ, WILLIS and FITZPATRICK, JJ. UPON A REHEARING EN BANC.

        On September 28, 1993, a panel of this Court affirmed the conviction of Junior Franklin McCauley. 17 Va.App. 150, 435 S.E.2d 891 (1993). Junior Franklin McCauley petitioned for a rehearing en banc, which petition was granted. For the reasons stated in the panel's opinion, a majority of the Court affirms the judgment of the trial court. Accordingly, the stay of this Court's September 28, 1993 mandate is vacated, and the mandate and its directives are reinstated.

        For the reasons stated in the dissent to the panel opinion, see id. at 156-161, 435 S.E.2d at 894-97, Judges Benton, Coleman, Koontz and Elder would reverse the judgment of the trial court.

        The trial court shall allow court-appointed counsel for the appellant an additional $200 for services rendered the appellant on this appeal, in addition to counsel's costs and necessary direct out-of-pocket expenses. This amount shall be added to the costs due the Commonwealth in the September 28, 1993 mandate.

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