Powell v. Commonwealth

*232UPON A REHEARING EN BANC

By opinion dated November 28, 2000, a panel of this Court reversed the judgment of the trial court and remanded this case for a new trial. Powell v. Commonwealth, 34 Va.App. 13, 537 S.E.2d 602 (2000). We stayed the mandate of that decision and granted rehearing en banc. Upon rehearing en banc, we withdraw the opinion previously rendered on November 28, 2000, vacate the mandate entered on that date, reverse the judgment of the trial court, and remand this case to the trial court for a new trial, if the Commonwealth be so advised.

The record before us discloses that the…