Gilman v. Commonwealth

Upon Rehearing En Banc

By opinion dated April 4, 2006, a divided panel of this Court affirmed the judgment of the trial court. See Gilman v. Commonwealth, 48 Va.App. 16, 628 S.E.2d 54 (2006). On May 16, 2006, we stayed the mandate of that decision and granted rehearing en bane. Upon reconsideration, 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 Accordingly, the opinion previously rendered by a panel of this Court on April 4, 2006 is withdrawn, and the mandate entered on that date is vacated. The appellant shall pay to the Commonwealth of Virginia…