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.
Bennie E. Leavell, Jr., s/k/a
Bennie Edward Leavell, Jr.,
against Record No. 1226-00-1
Circuit Court No. CR99005123-00
Commonwealth of Virginia, Appellee.
Upon Remand from the
Supreme Court of Virginia
In accordance with the order of the
Supreme Court of Virginia entered on November 15, 2001, the
opinion previously rendered by this Court on July 3, 2001 is
withdrawn and the mandate entered on that date is vacated. This
Court’s orders entered on August 7, 2001 are 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