Opinion
Record No. 1889-00-2. Circuit Court Nos. 00-911-F through 00-913-F.
March 26, 2002.
Upon a Rehearing En Banc.
Carolyn V. Grady (Carolyn V. Grady, P.C., on brief), for appellant.
Eugene Murphy, Assistant Attorney General (Randolph A. Beales, Attorney General, on brief), for appellee.
Before Chief Judge Fitzpatrick, Judges Benton, Willis, Elder, Bray, Annunziata, Bumgardner, Frank, Humphreys, Clements and Agee.
By memorandum opinion dated October 16, 2001, a divided panel of this Court reversed the judgment of the trial court. We stayed the mandate of that decision and granted rehearing en banc.
Upon rehearing en banc, it is ordered that the October 16, 2001 mandate is vacated, and the judgment of the trial court is affirmed for the reasons set forth in the panel dissent. The appellant shall pay to the Commonwealth of Virginia thirty dollars damages.
Judges Benton and Clements dissent for the reasons set forth in the majority opinion of the panel.
It is ordered that the trial court allow counsel for the appellant a total fee of $925 for services rendered the appellant on this appeal, in addition to counsel's costs and necessary direct out-of-pocket expenses.
The Commonwealth shall recover of the appellant the amount paid court-appointed counsel to represent him in this proceeding, counsel's costs and necessary direct out-of-pocket expenses, and the fees and costs to be assessed by the clerk of this Court and the clerk of the trial court.
This order shall be certified to the trial court.