Neely v. Commonwealth

Upon a Rehearing En Banc

By published opinion dated November 9, 2004, a divided panel of this Court reversed the judgment of the trial court. See Neely v. Commonwealth, 44 Va.App. 239, 604 S.E.2d 733 (2004). We stayed the mandate of that decision and granted a rehearing en banc, 44 Va.App. 535, 605 S.E.2d 777 (2004).

Upon rehearing en banc, it is ordered that the stay of the November 9, 2004 mandate is lifted and the judgment of the trial court is reversed and remanded to the trial court for the reasons set forth in the majority panel opinion.

Chief Judge FITZPATRICK, Judges BUMGARDNER, FELTON…