Kenneth Linwood Awkard v. Commonwealth
461 S.E.2d 419
Va. Ct. App.
1995
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*1 108.2’s custody guidelines shared and the definition of a “day” found herein.

461 S.E.2d 419 Kenneth Linwood AWKARD COMMONWEALTH of statement, Fitzpatrick, dissenting filed which Ben- ton, Elder, JJ., joined. Koontz and *2 (Ronald Huber; Lawrence, M. McQ. Charlottesville Francis brief), Lawrence, John, on for appellant. & Bowling St. (James III, Gilmore, Darron, Gen. S. Atty. Leah A. Asst. brief), Gen., Atty. on for appellee. COLEMAN, BENTON, MOON, C.J., BAKER,

Before: and FITZPATRICK, WILLIS, ELDER, KOONTZ,* and BRAY JJ. A EN BANC

UPON REHEARING BAKER, Judge. 14, 1995,1 a this

By opinion February panel dated of Court felony sen- (appellant) Linwood Awkard’s reversed Kenneth by him Circuit of Albemarle imposed upon tence the court) (trial to trial court County and remanded the case the misdemeanor of the re-sentencing pursuant provisions for a to 46.2-357, § as This Code section became Code amended. but the date of prior effective after was convicted to appellant panel as stated in the sentencing hearing. his The facts not be restated majority complete and dissent are and need here.

* hearing of this case participated the and decision Justice Koontz Supreme to as a of the prior his investiture Justice Commonwealth, Va.App. 1. See Awkard banc, Upon en we hold that whether the rehearing or felony misdemeanor should have been punishment imposed in this case was a matter to the discretionary committed of power given the trial court. Because the sentence was 46.2-357, § within statutory prescribed by the limits Code to appellant which we find no abuse of discretion. pled guilty, trial affirmed. Accordingly,- judgment the the court is Affirmed.

FITZPATRICK, BENTON, with whom KOONTZ and ELDER, JJ., join, dissenting.

I would conviction and remand for appellant’s felony reverse re-sentencing majority opinion for the reasons stated in the Commonwealth, Awkard v. See panel the decision. 19 Va. *3 605, App. S.E.2d

Murray L. STEINBERG (Shumaker). Katherine T. STEINBERG