Small v. Commonwealth

Full title: Richard SMALL, t/a Richard Small Paving Company v. COMMONWEALTH of…

Court: Court of Appeals of Virginia

Date published: Apr 16, 1991

402 S.E.2d 927 (Va. Ct. App. 1991)

Opinion

402 S.E.2d 927 (Va.App. 1991) Richard SMALL, t/a Richard Small Paving Company v. COMMONWEALTH of Virginia. No. 0627-87-1. Court of Appeals of Virginia. April 16, 1991.

        Ronald M. Pearce (Richard M. Bing, Pearces&sBing, on brief, Richmond), for appellant.

        John H. McLees, Jr., Asst. Atty. Gen. (Mary Sue Terry, Atty. Gen., on brief), for appellee.

        Present: KOONTZ, C.J., and BAKER, BARROW, BENTON, COLE, COLEMAN, DUFF, KEENAN, MOON and WILLIS, JJ.

        BARROW, Judge.

        In Small v. Commonwealth, --- Va.App. ----, 398 S.E.2d 98 (1990), a panel of this court held that the defendant's conviction was barred because of double jeopardy. A majority of this court sitting en banc on March 26, 1991, pursuant to the Commonwealth's request for rehearing, determined that the trial court erred for the reasons stated in the panel opinion.

        Chief Judge Koontz, joined by Judges Baker, Cole, and Coleman, would affirm the judgment of the trial court for the reasons stated in his dissenting panel opinion.

        Therefore, the judgment of the trial court is reversed.

        Reversed.