Summary
discussing the general rule against the admission of other crimes evidence announced in Kirkpatrick, Boyd, Eccles and Donahue, supra
Summary of this case from Lockhart v. CommonwealthOpinion
49183 No. 0191-91-2
October 19, 1993
In the Court of Appeals of Virginia on Tuesday the 19th day of October, 1993.
Before Chief Judge Moon, Judges Baker, Barrow, Benton, Coleman, Willis, Elder, Bray and Fitzpatrick.
William B. Kerkam, III (Bremner, Baber Janus, on brief), for appellant.
Thomas C. Daniel, Assistant Attorney General (Stephen D. Rosenthal, Attorney General, on brief), for appellee.
ORDER
VIRGINIA:
In Wilson v. Commonwealth, 16 Va. App. 213, 429 S.E.2d 229 (1993), a majority of a panel of this Court reversed the judgment of the trial court. Appellee's petition for rehearing en banc was granted and argued on September 10, 1993. Upon consideration whereof, we reverse the judgment of the trial court for those reasons set forth in the panel's majority opinion. Accordingly, the stay of this Court's April 6, 1993 mandate is lifted, and the mandate is reinstated.
Chief Judge Moon, Judges Baker and Willis would affirm the judgment of the trial court for those reasons set forth in the dissenting opinion of the panel's decision.
The trial court shall allow court-appointed counsel for the appellant for the appellant an additional $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.