Tuesday 1st October, 2002.

Diation Lamonte Langhorne, s/k/a Diatiaion Langhorne, Appellant, against Record No. 2124-99-2 Circuit Court No. 95F59 Commonwealth of Virginia, Appellee.

Upon Remand from the Supreme Court of Virginia

In accordance with the order of the Supreme Court of Virginia entered on March 22, 2002, the opinion previously rendered by this Court on March 6, 2001 is withdrawn, the mandate entered on that date is vacated and final judgment is entered reinstating the conviction of the appellant.

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

A Copy, Teste: Cynthia L. McCoy, Clerk By: Deputy Clerk Appellee's Costs: Attorney's fee: $ 50.00 Appellee's brief: $ 24.20

Teste: Cynthia L. McCoy, Clerk By: Deputy Clerk

-2- COURT OF APPEALS OF VIRGINIA Diation Lamonte Langhorne, s/k/a Diatiaion Langhorne, Appellant, against Record No. 2124-99-2 Circuit Court No. 95F59 Commonwealth of Virginia, Appellee.

ITEMIZED STATEMENT OF COSTS

I, Cynthia L. McCoy, clerk of the Court of Appeals of Virginia, do hereby certify that the appellee shall recover from the appellant costs in this case as follows:

Attorney's fee: $ 50.00 (Code § 17.1-624) Appellee's brief: $ 24.20 (Code § 17.1-605)

Given under my hand this 1st day of October, 2002.

Cynthia L. McCoy, Clerk By: Deputy Clerk

-3-