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WILLIAMS v. COMMONWEALTH (54442)



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WILLIAMS

v.

COMMONWEALTH


December 5, 2000.

Record No. 1038-99-3

Circuit Court Nos. CR96000902-00 and
CR97000392-00

Dennis M. Williams, s/k/a

Dennis Muhammed Williams,

Appellant,

v.

Commonwealth of Virginia,

Appellee.

Upon a Rehearing En Banc


Before Chief Judge Fitzpatrick, Judges Benton,
Coleman, Willis,

Elder, Annunziata, Bumgardner, Frank, Humphreys
and Clements

Rickey G. Young for appellant.

Richard B. Smith, Senior Assistant Attorney
General (Mark L. Earley, Attorney General, on brief), for
appellee.

A panel of this Court reversed that part of the
judgment of the trial court with regard to appellant’s conviction
of possession of more than five pounds of marijuana with intent
to distribute (CR96000902-00). See Williams v.
Commonwealth
, 32 Va. App. 554, 529 S.E.2d 799 (2000). We
stayed the mandate of that decision and granted rehearing en
banc.

Upon rehearing en banc, the
judgment of the trial court with regard to that conviction is
affirmed without opinion by an evenly divided Court. The
appellant shall pay to the Commonwealth of Virginia thirty
dollars damages. Accordingly, the opinion previously rendered by
a panel of this Court on June 13, 2000 is withdrawn, and the
mandate entered on that date is vacated.

Chief Judge Fitzpatrick, Judges Benton,
Coleman, Willis and Elder voted to reverse the judgment of the
trial court and remand for a new hearing.

Judges Annunziata, Bumgardner, Frank, Humphreys
and Clements voted to affirm the judgment.

Appellant did not challenge on appeal that part
of the judgment pertaining to appellant’s conviction of failure
to appear (CR97000392-00).

The Commonwealth shall recover of the appellant
the amount previously awarded to Mark T. Williams, Esquire, for
his representaiton of appellant, counsel’s costs and necessary
direct out-of-pocket expenses, and the fees and costs to be
assessed by the clerk of this Court and the clerk of the trial
court.

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

Costs due the Commonwealth

by appellant in Court of

Appeals of Virginia:

Attorney’s fee $725.00 plus costs and expenses

A Copy,

Teste:

Cynthia L. McCoy, Clerk

By:

Deputy Clerk

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