Opinion
Record No. 2854-99-1.
June 26, 2001.
Prior report: 35 Va. App. 485, 546 S.E.2d 229.
Before FITZPATRICK, C.J., and BENTON, WILLIS, ELDER, BRAY, ANNUNZIATA, BUMGARDNER, FRANK, CLEMENTS and AGEE, JJ.
UPON A PETITION FOR REHEARING EN BANC
On June 5, 2001 came Kevin Michael Potts, the appellant, by court-appointed counsel, and filed a petition praying that the Court set aside the judgment rendered herein on May 22, 2001, grant a rehearing en banc thereof.
On consideration whereof, the petition for rehearing en banc is granted, the mandate entered herein on May 22, 2001 is stayed pending the decision of the Court en banc, and the appeal is reinstated on the docket of this Court.
The parties shall file briefs in compliance with Rule 5A:35. The appellant shall attach as an addendum to the opening brief upon rehearing en banc a copy of the opinion previously rendered by the Court in this matter. It is further ordered that the appellant shall file with the clerk of this Court twelve additional copies of the appendix previously filed in this case.