Latest Case: Akers v. Commonwealth (Criminal Law)

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Akers v. Commonwealth

Docket: 190094

Opinion Date: March 26, 2020

Judge: McCullough

Areas of Law: Criminal Law

The Supreme Court affirmed the decision of the court of appeals denying Defendant's appeal from the decision of the trial court refusing to entertain Defendant's motion to reduce his sentence under Va. Code 19.2-303, holding that the lower courts did not err in concluding that the trial court was deprived of jurisdiction to hear Defendant's motion following his transfer to the Department of Corrections (DOC). Defendant was convicted of possession of methamphetamine by a prisoner. After Defendant incurred new convictions the circuit court revoked Defendant's suspended sentence. Defendant later filed a motion for modification of sentence asking the court to reconsider its order revoking his entire suspended sentence. Five days before a scheduled hearing on the motion, the court learned that Defendant had been taken into the custody of the DOC. At a later hearing, the trial court concluded that it was barred from considering Defendant's motion. The court of appeals denied Defendant's appeal. The Supreme Court affirmed, holding (1) the lower courts correctly held that once Defendant had been transferred to the DOC the trial court could no longer modify his sentence; and (2) no violation of Defendant's constitutional rights occurred in this case.