Opinion
Record No. 1113-00-2.
December 18, 2001.
Upon a Rehearing En Banc.
Before Chief Judge Fitzpatrick, Judges Benton, Willis, Elder, Bray, Annunziata, Bumgardner, Frank, Humphreys, Clements and Agee.
Upon a rehearing en banc, the stay of this Court's July 10, 2001 mandate is lifted, and the judgment of the trial court is affirmed in accordance with the majority memorandum opinion of a panel of this Court in Ramsey v. Commonwealth, Record No. 1113- 00-2 (Va.Ct.App. July 10, 2001)
Judge Benton dissents for those reasons expressed in the dissenting opinion of the panel
It is ordered that the trial court allow counsel for the appellant an additional fee of $200 for services rendered the appellant on the rehearing portion of 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 July 10, 2001 mandate
This order shall be certified to the trial court