Cruz v. Commonwealth

UPON REHEARING EN BANC

By opinion dated September 3,1996, a majority of a panel of this Court affirmed the decision of the trial court. Cruz v. Commonwealth, 23 Va.App. 113, 474 S.E.2d 835 (1996). Upon motion of Jose Luis Cruz, we granted a hearing en banc. Upon such rehearing, the judgment of the trial court is affirmed. We adopt as the opinion of this Court en banc the following from the panel opinion:

Following a jury trial conducted in his absence, appellant, Jose Luis Cruz (“Cruz”), was convicted of malicious wounding, sentenced to seven years imprisonment, and fined $20,000. On appeal,…