McQuinn v. Commonwealth

OPINION

By opinion dated December 13, 1994, 19 Va.App. 418, 451 S.E.2d 704 (1994), a panel of this Court affirmed Mark Alexander McQuinn’s convictions of conspiracy to commit robbery *755and attempted robbery. We granted the Commonwealth’s and McQuinn’s petitions for rehearing en banc and stayed the mandate of that decision. Upon rehearing en banc, for the reasons set forth in Judge Cole’s concurrence and dissent, 19 Va.App. at 428, 451 S.E.2d at 709, we affirm the judgment of the trial court.

At the conclusion of the presentation of the Commonwealth’s evidence, McQuinn moved the trial court to…