DeHart v. Commonwealth

UPON A REHEARING

WILLIS, Judge.

By opinion dated October 18, 1994, in DeHart v. Commonwealth, 19 Va.App. 139, 449 S.E.2d 59 (1994), we reversed and remanded the judgment of the trial court convicting DeHart of second degree murder, use of a firearm in the commission of murder, and breaking and entering with the intent to commit sexual battery. On petition of the Commonwealth, we granted rehearing and stayed the mandate of our October 18, 1994 decision. Upon rehearing, we adhere to our previous decision. Accordingly, for the reasons set forth in our opinion of October 18, 1994, we reverse the…