George Rodney Jennings, Jr. v Commonwealth

Tuesday 	5th
December, 1995.
George Rodney Jennings, Jr., 	Appellant,
against 	Record No. 0424-93-4
Circuit Court No. CR8063
Commonwealth of Virginia, 	Appellee.
Upon Rehearing En Banc
Before Chief Judge Moon, Judges Baker, Benton, Coleman,
Willis, Elder, Bray, Fitzpatrick, Annunziata and Overton
Paul A. Maslakowski (Campbell & Maslakowski, on
brief), for appellant.
Margaret Ann B. Walker, Assistant Attorney General
(James S. Gilmore, III, Attorney General, on
brief), for appellee.
By opinion dated March 14, 1995, a majority of a panel of
this Court affirmed George Rodney Jennings, Jr.'s convictions of
abduction with the intent to defile and forcible sodomy. 	Jennings v.
Commonwealth, 20 Va. App. 9, 454 S.E.2d 752 (1995). 	On Jennings'
motion, we stayed the mandate of that decision and granted rehearing
en banc. 	Upon such rehearing, the stay of this Court's March 14, 1995
mandate is lifted and the judgment of the trial court is affirmed for
those reasons set forth in the panel's majority opinion.
Judge Benton would reverse the judgment of the trial court
for those reasons set forth in the panel's dissenting opinion. 	See
id. at 19-21, 454 S.E.2d at 757 (Barrow, J., dissenting).

It 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.
The Commonwealth shall recover of the appellant the amount
paid court-appointed counsel to represent him in this proceeding,
counsel's costs and necessary direct out-of-pocket expenses, and the
fees and costs to be assessed by the clerk of this Court and the clerk
of the trial court.
This order shall be published and certified to the trial
court.
A Copy,
Teste:
Richard R. James, Clerk
By:
Deputy Clerk