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37 Va. App. 238

Staton v. Commonwealth

Court of Appeals of Virginia

Decided December 18, 2001

Court of Appeals of Virginia · decided 2001-12-18

Cited by 1 later decisions — most recently January 2009

1 state decisions

Relies on 36 Va. App. 282 - Staton v. Commonwealth

Good law ✅— No negative treatment on recordhow we know

Decided 2001-12-18

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¶1*239UPON A REHEARING EN BANC

¶2By published opinion dated July 31, 2001, a divided panel of this Court affirmed the appellant’s conviction. See Staton v. Commonwealth, 36 Va.App. 282, 549 S.E.2d 627 (2001). We stayed the mandate of that decision and granted rehearing en banc.

¶3Upon a rehearing en banc, the stay of the July 31, 2001 mandate is lifted, and the judgment of the trial court is affirmed in accordance with the majority panel opinion.

FITZPATRICK, C.J., and BENTON and ELDER, JJ.,

¶4dissent for the reasons set forth in the panel dissent.

¶5It is ordered that the trial court allow counsel 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 July 31, 2001 mandate.

¶6This order shall be published and certified to the trial court.

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