Clay v. Commonwealth

*257UPON A REHEARING EN BANC

LEMONS, Judge.

By opinion dated December 15, 1998, a divided panel of this Court reversed Phillip Clay’s convictions of robbery and use of a firearm in the commission of robbery. On the Commonwealth’s motion, we stayed the mandate of that decision and granted a rehearing en banc. Upon rehearing en banc, the Court’s December 15, 1998 opinion is withdrawn, the mandate is vacated, and we affirm the judgment of the trial court for the reasons set forth below.

I. FACTS

On November 17, 1996, William Vandegrift and Jason Guise were walking from a grocery store to Vandegrift’s…