Holsapple v. Commonwealth

UPON A REHEARING EN BANC

ROBERT J. HUMPHREYS, Judge.

This matter comes before the Court on a rehearing en banc from a decision of a divided panel rendered July 9, 2002. See Holsapple v. Commonwealth, 38 Va.App. 480, 566 S.E.2d 210 *528(2002). The panel affirmed Holsapple’s conviction for fraudulently obtaining an advance of payment for construction work to be performed in the future, in violation of Code § 18.2-200.1. In reaching this determination, the panel affirmed the trial court’s rulings that 1) Code § 18.2-200.1 does not require proof of actual notice; 2) Holsapple was not subject to a…