NOTICE: The opinions posted here are
subject to formal revision. If you find a typographical error or
other formal error, please notify the Virginia Court of Appeals.
Record No. 0176-00-1
Circuit Court No. CR96001390
Paul Trevor Asby,
Commonwealth of Virginia,
Upon Remand from the Supreme Court of Virginia
In accordance with the order of the Supreme Court of Virginia
entered on October 18, 2001, the opinion previously rendered by
this Court on January 9, 2001 is withdrawn and the mandate
entered on that date is vacated. This Court’s order entered on
May 29, 2001 is also vacated.
As further directed by the order of the Supreme Court, and in
accordance with the decision of that Court in Commonwealth v.
Southerly, 262 Va. 294, 551 S.E.2d 650 (2001), the case is
hereby transferred to the Supreme Court of Virginia pursuant to
Code ? 8.01-677.1.
This order shall be published.
Cynthia L. McCoy, Clerk