Kenneth Linwood Awkard v. Commonwealth

FITZPATRICK, J., with whom BENTON, KOONTZ and ELDER, JJ.,

join, dissenting.

I would reverse appellant’s felony conviction and remand for re-sentencing for the reasons stated in the majority opinion of the panel decision. See Awkard v. Commonwealth, 19 Va.App. 605, 454 S.E.2d 18 (1995).