Potts v. Commonwealth

UPON A REHEARING EN BANC.

By opinion dated May 22, 2001, a divided panel of this Court affirmed the judgment of the trial court. See Potts v. Commonwealth, 35 Va.App. 485, 546 S.E.2d 229 (2001). We granted rehearing en banc and stayed the mandate of that decision.

Upon rehearing en banc, the stay of this Court’s May 22, 2001 mandate is lifted, and the judgment of the trial court is affirmed for the reasons set forth in the majority panel decision.

Chief Judge FITZPATRICK, Judges BENTON, ELDER and CLEMENTS dissent for those reasons expressed in the dissenting opinion of the panel. See id. at…