Dennis M. Williams, s/k/a v. Commonwealth of VA

Tuesday 5th
December, 2000.
Dennis M. Williams, s/k/a
Dennis Muhammed Williams, Appellant,
against Record No. 1038-99-3
Circuit Court Nos. CR96000902-00 and
CR97000392-00
Commonwealth of Virginia, Appellee.
Upon a Rehearing En Banc
Before Chief Judge Fitzpatrick, Judges Benton, Coleman, Willis,
Elder, Annunziata, Bumgardner, Frank, Humphreys and Clements
Rickey G. Young for appellant.
Richard B. Smith, Senior Assistant Attorney
General (Mark L. Earley, Attorney General,
on brief), for appellee.
A panel of this Court reversed that part of the judgment of
the trial court with regard to appellant's conviction of possession
of more than five pounds of marijuana with intent to distribute
(CR96000902-00). See Williams v. Commonwealth, 32 Va. App. 554, 529
S.E.2d 799 (2000). We stayed the mandate of that decision and
granted rehearing en banc.
Upon rehearing en banc, the judgment of the trial court
with regard to that conviction is affirmed without opinion by an
evenly divided Court. The appellant shall pay to the Commonwealth of
Virginia thirty dollars damages. Accordingly, the opinion previously
rendered by a panel of this Court on June 13, 2000 is withdrawn, and
the mandate entered on that date is vacated.
Chief Judge Fitzpatrick, Judges Benton, Coleman, Willis and
Elder voted to reverse the judgment of the trial court and remand for
a new hearing.
Judges Annunziata, Bumgardner, Frank, Humphreys and
Clements voted to affirm the judgment.
Appellant did not challenge on appeal that part of the
judgment pertaining to appellant's conviction of failure to appear
(CR97000392-00).
The Commonwealth shall recover of the appellant the amount
previously awarded to Mark T. Williams, Esquire, for his
representaiton of appellant, 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.
Costs due the Commonwealth
by appellant in Court of
Appeals of Virginia:
Attorney's fee $725.00 plus costs and expenses
A Copy,
Teste:
Cynthia L. McCoy, Clerk
By:
Deputy Clerk
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