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NICKO BAZEMORE v. COMMONWEALTH OF VIRGINIA.

UPON A REHEARING EN BANC

HUMPHREYS, Judge.

For reasons stated in writing and filed with the record, those parts of the opinion previously rendered by a panel of this Court on May 13, 2003 with regard to appellant's convictions of felony eluding the police and second degree murder are withdrawn, those parts of the mandate entered on that date pertaining to the said convictions are vacated and appellant's convictions of grand larceny by receiving stolen property (CR00F00821), felony eluding the police (CR00F00820) and second degree murder (CR00F00819) are affirmed.

Appellant's conviction of driving on a suspended license (CR00M00315) was not challenged on appeal.

This matter is remanded to the trial court to correct the final conviction order by inserting a reference to Code § 18.2-108.

This order shall be certified to the trial court.

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BAZEMORE v. COMMONWEALTH, 0103-02-1 (Va.App. 1-13-2004)
(Jan 13, 2004)