Opinion · Valaw Virginia

JEFFERSON v. COMMONWEALTH, 35 Va. App. 436 (2001)

CORY ALVER JEFFERSON, APPELLANT, v. COMMONWEALTH OF Va., APPELLEE., 545 S.E.2d 585 (Court of Appeals of Virginia.Chesapeake. 2001)

Type: Opinion
Court: Virginia
Jurisdiction: Virginia
Date: 2001-05-08
Topic: general

JEFFERSON v. COMMONWEALTH, 35 Va. App. 436 (2001) 545 S.E.2d 585 CORY ALVER JEFFERSON, APPELLANT, v. COMMONWEALTH OF VIRGINIA, APPELLEE. Record No. 0953-99-2.Circuit Court Nos. 98-1136-F and 98-1076-F through 98-1078-F.Court of Appeals of Virginia.Chesapeake.

Citator

UpLaw has not yet analyzed JEFFERSON v. COMMONWEALTH, 35 Va. App. 436 (2001). The absence of a flag is not a finding that it is good law.

JEFFERSON v. COMMONWEALTH,35 Va. App. 436(2001)

545 S.E.2d 585

CORY ALVER JEFFERSON, APPELLANT, v. COMMONWEALTH OF VIRGINIA, APPELLEE.

Record No. 0953-99-2.

Circuit Court Nos. 98-1136-F and 98-1076-F through 98-1078-F.

Court of Appeals of Virginia.

Chesapeake.

May 8, 2001.

Douglas A. Ramseur (D. Gregory Carr; Bowen, Bryant, Champlin Carr, on briefs), Richmond, for appellant.

Leah A. Darron, Assistant Attorney General (Mark L. Earley, Attorney General, on brief), for appellee.

Before FITZPATRICK, C.J., BENTON, WILLIS, ELDER, BRAY, ANNUNZIATA, BUMGARDNER, FRANK, HUMPHREYS, CLEMENTS and AGEE, JJ.

UPON A REHEARING EN BANC

By opinion dated August 22, 2000, a divided panel of this Court affirmed the judgment of the trial court.

See

Jefferson v. Commonwealth

,33 Va. App. 230,532 S.E.2d 899(2000). WePage 437granted rehearing

banc

and stayed the mandate of that decision.

Upon rehearing

banc

, the stay of this Court's August 22, 2000 mandate is lifted, and the judgment of the trial court is affirmed for the reasons set forth in the majority panel decision.

Judges BENTON, ELDER and ANNUNZIATA concur in part and dissent in part for the reasons set forth in the panel concurrence and dissent.

ORDER

It is ordered that the trial court allow the court-appointed attorneys for the appellant an additional fee of $200 for services rendered the appellant on the rehearing portion of this appeal, in addition to counsel's costs and necessary direct out-of-pocket expenses. This amount shall be added to the costs due the Commonwealth in the August 22, 2000 mandate.

This order shall be published and certified to the trial court.Page 438