Deshon W. Pitt v. Commonwealth of Virginia

UPON A REHEARING EN BANC

A divided panel of this Court affirmed the judgment of the trial court. See Pitt v. Commonwealth, 28 Va.App. 730, 508 S.E.2d 891 (1999). We stayed the mandate of that decision and granted rehearing en banc.

Upon rehearing en banc, the judgment of the trial court is affirmed without opinion by an evenly divided Court. Accordingly, the opinion previously rendered by a panel of this Court on January 5, 1999 is withdrawn, and the mandate entered on that date is vacated.

Chief Judge Fitzpatrick, Judges Benton, Coleman, Willis and Bumgardner voted to reverse the judgment of…