Opinion
47812
March 10, 1992
In the Court of Appeals of Virginia on Tuesday, the 10th day of March, 1992.
Before Chief Judge Koontz, Judges Baker, Barrow, Benton, Coleman, Duff, Moon, Willis, Elder and Bray
Roger L. Gregory (Wilder Gregory, on brief), for appellant.
Eugene Murphy, Assistant Attorney General (Mary Sue Terry, Attorney General, on brief), for appellee.
UPON REHEARING EN BANC OPINION
In Miles v. Commonwealth, 13 Va. App. 64, 408 S.E.2d 602 (1991), a majority of a panel of the Court affirmed the judgment of the trial court. Miles' petition for rehearing en banc was granted and heard on January 21, 1992. For the reasons stated in the panel's majority opinion, the judgment of the trial court is affirmed. Accordingly, the stay of this Court's September 10, 1991 mandate is lifted and its directives are reinstated.
Judge Benton would reverse the judgment of the trial court for the reasons stated in the dissenting opinion of the original panel decision. Id. at 72, 408 S.E.2d at 607-09.
This order shall be publIshed and certified to the trial court.