Baker v. Com., 1417-96-2
| Decision Date | 16 December 1997 |
| Docket Number | No. 1417-96-2,1417-96-2 |
| Citation | 26 Va.App. 175,493 S.E.2d 687 |
| Parties | Gerald E. BAKER, Jr., Appellant, v. COMMONWEALTH of Virginia, Appellee. Record |
| Court | Virginia Court of Appeals |
Russell E. Allen, Ashland, for appellant.
Leah A. Darron, Assistant Attorney General (Richard Cullen, Attorney General, on brief), for appellee.
Before FITZPATRICK, C.J., * and BAKER, BENTON, COLEMAN, WILLIS, ELDER, ANNUNZIATA and OVERTON, JJ.
On June 17, 1997, a panel of this Court issued an opinion reversing the appellant's convictions for two counts of burglary and for one count of grand larceny (Circuit Court No. 489-95). Baker v. Commonwealth, 25 Va.App. 19, 486 S.E.2d 111 1997). A dissenting opinion was filed to the panel decision. Pursuant to Code § 17-116.02(D), the Court of Appeals granted a rehearing en banc and stayed the mandate of the Court. Upon rehearing en banc, the Court of Appeals, with no judges dissenting, reverses and dismisses those convictions of Gerald E. Baker, Jr. for the reasons stated in the majority panel opinion at 25 Va.App. 19, 486 S.E.2d 111.
Accordingly, the stay of this Court's June 17, 1997 mandate is lifted, the said convictions are reversed, and those indictments are dismissed.
The trial court shall allow court-appointed 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.
This order shall be published and certified to the trial court.
* On November 19, 1997, Judge Fitzpatrick succeeded Judge Moon as Chief Judge.
To continue reading
Request your trial
-
Osman v. Commonwealth
...court with available trial dates was not the defendant concurring to the requested continuance), aff'd on reh'g en banc , 26 Va. App. 175, 493 S.E.2d 687 (1997).32 Sixty-one days from April 1, 2020, to June 1, 2020; 181 days from August 3, 2020, to February 1, 2021; and seventy days from Ap......
-
Wallace v. Commonwealth
...alterations in original) (quoting Baker v. Commonwealth, 25 Va.App. 19, 22, 486 S.E.2d 111, 113, aff'd on reh'g en banc, 26 Va.App. 175, 493 S.E.2d 687 (1997) ).Code § 19.2–243 enumerates seven excusable reasons for the Commonwealth's “failure to try” the accused within the statutory period......
-
Harvey v. Commonwealth
...concluded that this Court's decision in Baker v. Commonwealth , 25 Va.App. 19, 24, 486 S.E.2d 111, 114, aff'd en banc , 26 Va.App. 175, 175, 493 S.E.2d 687, 687 (1997), was precisely on point and controlled the disposition of this assignment of error and required reversal and entry of final......
-
Heath v. Com., Record No. 0203-98-2.
...tried within the designated period.'" Baker v. Commonwealth, 25 Va.App. 19, 22, 486 S.E.2d 111, 113, aff'd on reh'g en banc, 26 Va.App. 175, 493 S.E.2d 687 (1997) (citation Heath's trial was not commenced within five months from the date the judge of the juvenile court found probable cause.......