Castell v. Commonwealth

*80UPON A REHEARING EN BANC

FITZPATRICK, Judge.

On February 14, 1995, a panel of this Court reversed the conviction of Joseph R. Castell (appellant) for escape from the custody of a law enforcement officer without the use of force or violence. The panel held that, “although the defendant may have fled or resisted arrest, he was never ‘lawfully in the custody of the officer.” Castell v. Commonwealth, 19 Va.App. 615, 617, 454 S.E.2d 16, 18 (1995). The Commonwealth’s petition for rehearing en banc was granted on March 31, 1995, and the mandate of the February 14, 1995 opinion was stayed. Upon a…