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Tuesday 16th

April, 2002.


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withdrawn and the mandate entered on that date is vacated.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.

A Copy,


Cynthia L. McCoy, Clerk


Deputy Clerk