Opinion
Record No. 0076-00-3
July 10, 2001.
Appeal from a rehearing en banc.
S. Jane Chittom, Appellate Defender (Public Defender Commission, on briefs), for appellant.
Virginia B. Theisen, Assistant Attorney General (Mark L. Earley, Attorney General, on brief), for appellee.
Before Chief Judge Fitzpatrick, Judges Benton, Willis, Elder, Bray, Annunziata, Bumgardner, Frank, Humphreys, Clements and Agee
By unpublished opinion dated December 5, 2000, a divided panel of this Court affirmed the judgment of the trial court.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 stay of the December 5, 2000 mandate is lifted, and the judgment of the trial court is affirmed for the reasons set forth in the majority panel opinion.
Judges Benton and Elder dissent for the reasons set forth in the panel dissent.
The Commonwealth shall recover of the appellant an additional fee of $200 for services rendered by the Public Defender 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 December 5, 2000 mandate.
This order shall be certified to the trial court.