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263 Va. 189

557 S.E.2d 233

Docket Record No. 012417.

Williams v. Com.

Aaron E. WILLIAMS, Appellant, v. COMMONWEALTH of Virginia, Appellee.

Supreme Court of Virginia

Decided January 17, 2002.

Supreme Court of Virginia · decided 2002-01-17

Cited by 6 later decisions — most recently September 2009

6 state decisions

Key passage — most relied on by later courts

“Code § 17.1-406(A) gives the Court of Appeals appellate criminal jurisdiction over “any final conviction in a circuit court of ... a crime.” Williams’ request to withdraw his guilty pleas under Code § 19.2-296 after the final order of conviction had been entered constituted, in part, a request that the circuit court set aside the judgment of conviction. Under Code § 19.2-296, a circuit court may set aside a conviction and permit withdrawal of a guilty plea within 21 days after entry of the final judgment order during the period the court retains jurisdiction over the judgment of conviction. Because a motion to withdraw a guilty plea under Code § 19.2-296 is designed by statute to be filed and disposed of while the circuit court retains jurisdiction over the case, the motion is criminal in nature. Such motion does not challenge the jurisdiction of the circuit court, as did the motion to vacate filed in Commonwealth v. Southerly, 262 Va. 294, 299 , 551 S.E.2d 650, 653 (2001). Thus, Williams’ appeal is subject to the criminal appellate jurisdiction of the Court of Appeals under Code § 17.1-406(A). Southerly, 262 Va. at 299 , 551 S.E.2d at 653 .”

quoted by 1 later decision, including 46 Va. App. 488 - Locklear v. Commonwealth

“[I]t is the nature of the method employed to seek relief from a criminal conviction and the circumstances under which the method is employed that determine whether an appeal is civil or criminal in nature. If the method consists of an appeal from the conviction itself or from action on motions filed and disposed of while the trial court retains jurisdiction over the case, the appeal is criminal in nature. But when, as here, the relief requested by way of a motion to vacate is a declaration that the trial court lacked the jurisdiction to take the action sought to be vacated and the motion is not filed until after the conviction has become final, then the motion and the appeal from the trial court’s action thereon are both civil in nature.”

quoted by 1 later decision, including 46 Va. App. 488 - Locklear v. Commonwealth

Applies VA 19.2 § 19.2-296

Relies on Commonwealth v. Southerly

Good law ✅— No negative treatment on recordhow we know

Decided 2002-01-17

View the full empirical analysis of this case →

¶1

ORDER

¶2Upon an order of transfer entered by the Court of Appeals of Virginia on the 30th day of October, 2001.

¶3Upon consideration of the record, briefs, and argument of counsel, the Court is of opinion that there is error in the order of the Court of Appeals transferring the present appeal to this Court under Code § 8.01-677.1.

¶4Code § 17.1-406(A) gives the Court of Appeals appellate criminal jurisdiction over "any final conviction in a circuit court of ... a crime." Williams' request to withdraw his guilty pleas under Code § 19.2-296 after the final order of conviction had been entered constituted, in part, a request that the circuit court set aside the judgment of conviction.

¶5Under Code § 19.2-296, a circuit court may set aside a conviction and permit withdrawal of a guilty plea within 21 days after entry of the final judgment order during the period the court retains jurisdiction over the judgment of conviction. Because a motion to withdraw a guilty plea under Code § 19.2-296 is designed by statute to be filed and disposed of while the circuit court retains jurisdiction over the case, the motion is criminal in nature. Such motion does not challenge the jurisdiction of the circuit court, as did the motion to vacate filed in Commonwealth v. Southerly, 262 Va. 294, 299, 551 S.E.2d 650, 653 (2001). Thus, Williams' appeal is subject to the criminal appellate jurisdiction of the Court of Appeals under Code *234 § 17.1-406(A). Southerly, 262 Va. at 299, 551 S.E.2d at 653.

¶6Accordingly, the transfer order of the Court of Appeals is reversed and the case is returned to the Court for consideration of Williams' appeal.

¶7It is ordered that the Circuit Court of the City of Norfolk allow counsel for the appellant a fee of $725 for services rendered the appellant on this appeal, in addition to counsel's costs and necessary direct out-of-pocket expenses.

¶8This order shall be certified to the Court of Appeals of Virginia and to the Circuit Court of the City of Norfolk and shall be published in the Virginia Reports.

¶9Justice KEENAN, dissenting.

¶10I would hold that this Court, rather than the Court of Appeals, has jurisdiction over Williams' appeal. The language of Code § 17.1-406(A), which establishes the Court of Appeals' criminal appellate jurisdiction, "is restrictive, limiting [that jurisdiction] to appeals from final criminal convictions and from action on motions filed and disposed of while the trial court retains jurisdiction over the case." Southerly, 262 Va. at 299, 551 S.E.2d at 653. Williams' motion to withdraw his guilty pleas, which was filed more than two months after his conviction, was neither an appeal from a criminal conviction nor a motion filed and disposed of during the 21day period that the circuit court retained jurisdiction over his conviction. Because the present case also is not an appeal from a civil matter within the Court of Appeals' jurisdiction, see Code § 17.1-405, that Court lacks jurisdiction to consider Williams' appeal.

¶11Upon review by this Court, I would affirm the circuit court's judgment. Williams' motion to withdraw his guilty pleas was untimely because it was not filed and resolved within the 21-day period that the circuit court retained jurisdiction over his conviction. See Code § 19.2-296; Rule 1:1.

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