Stinnie v. Commonwealth

UPON A REHEARING EN BANC

ANNUNZIATA, Judge.

By opinion issued February 6, 1996, a panel of this Court reversed the conviction for statutory burglary of James Thomas Stinnie, Jr. on the ground that the Commonwealth failed to commence the trial of his case within five months of finding probable cause, in violation of Code § 19.2-243. Stinnie v. Commonwealth, 21 Va.App. 610, 466 S.E.2d 752 (1996). A *728rehearing en banc was granted to determine whether the delay in the commencement of Stinnie’s case is properly attributable to Stinnie under the speedy trial statute. We conclude that the delay was…