McBride v. Commonwealth

UPON REHEARING EN BANC

By opinion dated July 23, 1996, a majority of a panel of this Court affirmed the decision of the trial court. McBride v. Commonwealth, 22 Va.App. 730, 473 S.E.2d 85 (1996). Upon motion of Joseph Franklin McBride, we granted a hearing en banc. Upon such rehearing, the judgment of the trial court is affirmed. We adopt as the opinion of this Court en banc the following from the panel opinion. In view of the Supreme Court’s refusal to grant a writ in Byers v. Commonwealth, 23 Va.App. 146, 474 S.E.2d 852 (1996), Judge Baker, who dissented from the panel opinion, concurs with…