Phillip Deangelo Harris, Jr. v Commonwealth

Tuesday 	22nd
April, 1997.
Phillip Deangelo Harris, Jr., 	Appellant,
against 	Record No. 1952-95-2
Circuit Court No. F-95-2158
Commonwealth of Virginia, 	Appellee.
Upon a Rehearing En Banc
Before Judges Benton, Coleman, Willis, Elder, Bray,
Fitzpatrick, Annunziata and Overton
Patricia P. Nagel, Assistant Public Defender
(David J. Johnson, Public Defender, on
brief), for appellant.
Margaret Ann B. Walker, Assistant Attorney
General (James S. Gilmore, III, Attorney
General, on brief), for appellee.
In Harris v. Commonwealth, 23 Va. App. 311, 477 S.E.2d 1
(1996), a majority of a panel of the Court reversed the judgment of
the trial court. 	The Commonwealth's petition for rehearing en banc
was granted and heard on March 20, 1997. 	For the reasons stated in
the panel's majority opinion, the majority reverses the decision of
the trial court. 	Accordingly, the stay of this Court's October 15,
1996 mandate is lifted.
Judges Willis, Fitzpatrick and Overton would affirm the
judgment of the trial court for the reasons stated in the dissenting
opinion of the original panel decision.

This order shall be published and certified to the trial
court.
A Copy,
Teste:
Cynthia L. McCoy, Clerk
By:
Deputy Clerk