Tuesday 29th
May, 2001.
Vincent Anderson, Appellant,
against Record No. 1995-99-3
Circuit Court No. CR98010457-00
Commonwealth of Virginia, Appellee.
Upon a Rehearing En Banc
Before Chief Judge Fitzpatrick, Judges Benton, Willis, Elder, Bray,
Annunziata, Bumgardner, Frank, Humphreys and Clements
Michael T. Garrett (Pendleton, Garrett &
Henderson, P.C., on brief), for appellant.
Marla Graff Decker, Assistant Attorney
General (Mark L. Earley, Attorney General,
on brief), for appellee.
A divided panel of this Court affirmed the judgment of the
trial court. See Anderson v. Commonwealth, Record No. 1995-99-3 (Va.
Ct. App. Jan. 16, 2001). We stayed the mandate of that decision and
granted 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 January
16, 2001 is withdrawn, and the mandate entered on that date is
vacated.
Chief Judge Fitzpatrick, Judges Benton, Elder, Annunziata
and Clements voted to reverse the judgment of the trial court.
Judges Willis, Bray, Bumgardner, Frank and Humphreys voted
to affirm said judgment.
It is ordered that the trial court allow counsel for the
appellant a total fee of $925 for services rendered the appellant on
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 certified to the trial court.
Costs due the Commonwealth
by appellant in Court of
Appeals of Virginia:
Attorney's fee $925.00 plus costs and expenses
A Copy,
Teste:
Cynthia L. McCoy, Clerk
By:
Deputy Clerk
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