Kenneth Linwood Awkard v. Commonwealth

UPON A REHEARING EN BANC

BAKER, Judge.

By opinion dated February 14, 1995,1 a panel of this Court reversed Kenneth Linwood Awkard’s (appellant) felony sentence imposed upon him by the Circuit Court of Albemarle County (trial court) and remanded the case to the trial court for a re-sentencing pursuant to the misdemeanor provisions of Code § 46.2-357, as amended. This Code section became effective after appellant was convicted but prior to the date of his sentencing hearing. The facts as stated in the panel majority and dissent are complete and need not be restated here.

*42Upon rehearing en banc, we…