Jack Enic Clark v Commonwealth of Virginia

October 3, 2000
Professor Richard A. Williamson 	Mead Data Central, Inc.
College of William and Mary 	Legal Data Collections
Williamsburg, Virginia 23185 	8891 Gander Creek Drive
Miamisburg, Ohio 	45342
Mr. David M. George
Judicial Relations Counsel 	Elizabeth Oyster, Esq.
Editorial Department D-4 	Geronimo Development Corp.
West Publishing Company 	606 25th Avenue, South
610 Opperman Drive 	Suite 206
Eagan, Minnesota 55123 	St. Cloud, Minnesota 	56301
Paul Fletcher, Publisher
Virginia Lawyers Weekly
106 North Eighth Street
Richmond, Virginia 23219
Re: 	Jack Enic Clark
v. Commonwealth of Virginia
Record No. 1425-97-4
Gentlemen and Ms. Oyster:
I am enclosing to you a copy of an order entered by this
Court in the above-referenced case on October 3, 2000. 	The Court
has directed that this order be published in the appropriate
volumes. 	I appreciate your cooperation in ensuring that
publication is accomplished.
NOTE TO WEST PUBLISHING: 	THE COURT HAS DIRECTED THAT THIS
ORDER BE PUBLISHED IN THE SAME ADVANCE REPORTS THAT CONTAIN THE
OPINIONS DATED OCTOBER 3, 2000. 	THIS ORDER IS NOT TO BE WITHHELD
FROM PUBLICATION IN THAT ADVANCE REPORT FOR ANY REASON.
Sincerely,
Marty K. P. Ring
Deputy Clerk
Enclosure
MKPR:mfr

Tuesday 	3rd
October, 2000.
Jack Enic Clark, 	Appellant,
against 	Record No. 1425-97-4
Circuit Court Nos. 90834 and 90836
Commonwealth of Virginia, 	Appellee.
Upon a Rehearing En Banc
Before Chief Judge Fitzpatrick, Judges Benton, Coleman,
Elder, Bray, Bumgardner, Humphreys and Senior Judge Cole
Peter D. Greenspun (Peter D. Greenspun &
Associates, P.C., on brief), for appellant.
John H. McLees, Jr., Senior Assistant
Attorney General (Mark L. Earley,
Attorney General, on brief), for appellee.
On November 30, 1999, a panel of this Court reversed
and remanded the convictions of Jack Enic Clark for sodomy and
statutory rape. 	See Clark v. Commonwealth, 31 Va. App. 96, 521
S.E.2d 313 (1999). 	We granted the Commonwealth's petition for
rehearing
en banc.
Upon rehearing en banc, the judgment of the trial court
is affirmed without opinion by an evenly divided Court.
Accordingly, the opinion previously rendered by a panel of this
Court on

November 30, 1999 is withdrawn and the mandate entered on that
date is vacated. 	The appellant shall pay to the Commonwealth of
Virginia thirty dollars damages.
Chief Judge Fitzpatrick, Judges Coleman, Bumgardner and
Humphreys voted to affirm said judgment.
Judges Benton, Elder, Bray and Senior Judge Cole voted
to reversed the judgment of the trial court.
This order shall be published and certified to the
trial court.
A Copy,
Teste:
Cynthia L. McCoy, Clerk
By:
Deputy Clerk