Delano Leroy Graves, Appellant,
against Record No. 0089-94-1
Circuit Court Nos. 25606-93, 25608-93 and
Commonwealth of Virginia, Appellee.
Upon Rehearing En Banc
Before Chief Judge Moon, Judges Baker, Benton, Coleman,
Willis, Elder, Bray, Fitzpatrick, Annunziata and Overton
Willard M. Robinson, Jr., for appellant.
Robert B. Beasley, Jr., Assistant Attorney General
(James S. Gilmore, III, Attorney General, on
brief), for appellee.
In Graves v. Commonwealth, 21 Va. App. 161, 462 S.E.2d 902
(1995), a panel of this Court reversed the judgment of the trial court
and remanded this case for further proceedings. On motion of the
Commonwealth, we stayed the mandate of that decision and granted
rehearing en banc.
Upon rehearing en banc, the judgment of the trial court is
reversed for the reasons set forth in the majority panel opinion, the
stay of this Court’s October 17, 1995 mandate is lifted, and this case
is remanded to the trial court for further proceedings, if the
Commonwealth be so advised.
Judges Coleman, Elder, Fitzpatrick and Annunziata dissent
for the reasons set forth in the panel dissent.
It is ordered that the trial court allow counsel for the
appellant an additional $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 order shall be published and certified to the trial
Cynthia L. McCoy, Clerk