McGowan v. Commonwealth

Upon a Rehearing En Banc

By published opinion dated June 20, 2006, a divided panel of this Court affirmed the judgment of the trial court. See McGowan v. Commonwealth, 48 Va.App. 333, 630 S.E.2d 758 (2006). We stayed the mandate of that decision and granted a rehearing en banc, 48 Va.App. 611, 633 S.E.2d 232 (2006).

Upon rehearing en banc, it is ordered that the stay of the June 20, 2006 mandate is lifted and the judgment of the trial court is affirmed for the reasons set forth in the majority panel opinion.

Chief Judge Felton, Judges Benton, Elder, Frank and Clements dissent for the reasons set…