Clark v. Commonwealth

Upon Rehearing En Banc

By opinion dated July 16, 1996, a majority of a panel of this Court affirmed the decision of the trial court. Clark v. *254Commonwealth, 22 Va.App. 673, 472 S.E.2d 663 (1996). Upon motion of Timothy Clark, we granted a rehearing en banc. Upon such rehearing, the judgment of the trial court is affirmed for those reasons set forth in the panel’s majority opinion, and accordingly, the stay of this Court’s July 16, 1996 mandate is lifted.

Judge Benton would reverse the judgment of the trial court for those reasons set forth in the panel’s dissenting opinion. See id. at 678, 472…