Aaron Augustis Witts v. Commonwealth

• Court: Court of Appeals of Virginia
• Decided: November 28, 1995
• Docket: 0078941
• Status: Published

Opinion

COURT OF APPEALS OF VIRGINIA

Present: Chief Judge Moon, Judges Baker, Benton, Coleman, Willis, Elder, Bray, Fitzpatrick, Annunziata and Overton Argued at Richmond, Virginia

AARON AUGUSTIS WITTS

v. Record No. 0078-94-1 ORDER

COMMONWEALTH OF VIRGINIA

UPON A REHEARING EN BANC Thomas W. Carpenter (Overman, Cowardin & Martin, P.L.C., on brief), for appellant.

Steven A. Witmer, Assistant Attorney General (James S. Gilmore, III, Attorney General, on brief), for appellee.

By memorandum opinion issued April 4, 1995, a panel of this

Court affirmed the conviction of Aaron Augustis Witts (appellant)

for use of profane, threatening, or indecent language over public

airways, in violation of Code § 18.2-427. Witts v. Commonwealth,

No. 0078-94-1, 1995 WL 143096 (Va. Ct. App. April 4, 1995)

(Benton, J., dissenting). On appellant's motion, we stayed the

mandate of that decision and granted rehearing en banc which was heard on October 5, 1995.

For the reasons stated in the panel majority opinion, the

stay of the mandate of the April 4, 1995 opinion is vacated, and

we affirm the judgment of the trial court.

Judges Benton, Coleman, Elder, and Fitzpatrick, for the

reasons stated in Judge Benton's panel dissent, would reverse the

conviction. This order shall be published and certified to the trial

court. Affirmed.

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