Hernandez v. Commonwealth

Upon a Rehearing En Banc

By opinion dated April 5, 2011, a panel of this Court affirmed the judgment of the trial court. See Cortez-Hernandez v. Commonwealth, 58 Va.App. 66, 706 S.E.2d 893 (2011). We, thereafter, granted appellant’s petition for rehearing en banc, stayed the mandate of the panel decision, and reinstated the appeal on the docket of this Court.

Upon such rehearing en banc, the stay of this Court’s April 5, 2011 mandate is lifted, and the judgment of the trial court is affirmed for the reasons stated in the panel’s majority opinion. 1

Chief Judge Felton, Judges Frank, Humphreys,…