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14 Va. Cir. 92

Commonwealth v. Jenkins

Alexandria County Circuit Court

Decided August 12, 1988

Alexandria County Circuit Court · decided 1988-08-12

Relies on Smith v. Commonwealth

Decided 1988-08-12

By JUDGE ALFRED D. SWERSKY

¶1The Commonwealth has made a motion' to resentence the Defendant because the sentence was below the statutory minimum. The matter has been continued several times without hearing.

¶2The sentence was imposed on May 19, 1988, and the order entered on that date. This Court would only have jurisdiction over this case for twenty-one days from that date. Rule 1:1, Rules of Court. Since the sentence is voidable, not void, it becomes final and conclusive on all counts, except on appeal. Since no appeal was filed, the sentence must stand. See, Smith v. Commonwealth, 195 Va. 297 (1953).

¶3The motion of the Commonwealth to resentence the Defendant will be denied.

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