Cory Alver Jefferson v Commonwealth of Virginia

Tuesday 	8th
May, 2001.
Cory Alver Jefferson, 	Appellant,
against 	Record No. 0953-99-2
Circuit Court Nos. 98-1136-F and 98-1076-F
through 98-1078-F
Commonwealth of Virginia, 	Appellee.
Upon a Rehearing En Banc
Before Chief Judge Fitzpatrick, Judges Benton, Willis, Elder, Bray,
Annunziata, Bumgardner, Frank, Humphreys, Clements and Agee
Douglas A. Ramseur (D. Gregory Carr; Bowen,
Bryant, Champlin & Carr, on briefs), for
appellant.
Leah A. Darron, Assistant Attorney General
(Mark L. Earley, Attorney General, on
brief), for appellee.
By opinion dated August 22, 2000, a divided panel of this
Court affirmed the judgment of the trial court. 	See Jefferson v.
Commonwealth, 33 Va. App. 230, 532 S.E.2d 899 (2000). 	We granted
rehearing en banc and stayed the mandate of that decision.
Upon rehearing en banc, the stay of this Court's August 22,
2000 mandate is lifted, and the judgment of the trial court is
affirmed for the reasons set forth in the majority panel decision.
Judges Benton, Elder and Annunziata concur in part and
dissent in part for the reasons set forth in the panel concurrence
and dissent.

-2-
It is ordered that the trial court allow the
court-appointed attorneys for the appellant an additional fee of $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 amount shall be added to the costs due
the Commonwealth in the August 22, 2000 mandate.
This order shall be published and certified to the trial
court.
A Copy,
Teste:
Clerk