Hamlin v. Commonwealth

UPON A REHEARING EN BANC

By published opinion dated September 26, 2000, a divided panel of this Court affirmed the judgment of the trial court. See Hamlin v. Commonwealth, 33 Va.App. 494, 534 S.E.2d 363 (2000). We stayed the mandate of that decision and granted a rehearing en banc.

Upon rehearing en banc, it is ordered that the stay of the September 26, 2000 mandate is lifted, and the judgment of the trial court is affirmed for the reasons set forth in the majority panel opinion.

Judge Benton dissents for the reasons set forth in the panel dissent. See id. at 503-06, 534 S.E.2d at 367-68.

The…