Hernandez v. Com.
707 S.E.2d 273
| Va. | 2011Background
- Hernandez was indicted for feloniously assaulting a police officer under Code § 18.2-57(C).
- At bench trial, defense moved to defer disposition and continue bond for a future period with conditions.
- Commonwealth did not agree to deferred disposition; the court stated evidence was sufficient for guilt but faced authority questions.
- The circuit court judged it lacked inherent authority to defer disposition and imposed a sentence of eleven months with five months suspended.
- Hernandez appealed to the Court of Appeals, which affirmed, holding no authority to defer disposition.
- The Virginia Supreme Court reversed, holding the court had inherent power to take the matter under advisement and continue for future disposition.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether circuit court had inherent authority to defer disposition | Hernandez asserts circuit court may defer disposition per Moreau. | Hernandez argues no inherent authority existed to defer disposition without statutory support. | Yes; circuit court has inherent authority to defer disposition. |
| Whether the court’s interim ruling constituted a judgment | Observation of sufficiency does not equal judgment; Moreau governs. | Court lacked authority to defer disposition may be implied by an early ruling. | Written judgment is required; interim statements do not constitute judgment, but authority to defer exists. |
| Effect of deferral on sentencing and punishment range | Deferred disposition contemplated future dismissal if conditions met. | No such deferred framework was granted; the court erred in denying power to defer. | Court may defer disposition; reversal and remand for appropriate consideration. |
Key Cases Cited
- Moreau v. Fuller, 276 Va. 127, 661 S.E.2d 841 (2008) (judicial discretion in entering judgment and continuing case under advisement; inherent power of court)
- Conyers v. Martial Arts World of Richmond, Inc., 273 Va. 96, 639 S.E.2d 174 (2007) (courts speak through written orders; adjudication requires formal order)
- Hernandez v. Commonwealth, 55 Va.App. 190, 684 S.E.2d 845, 55 Va.App. 190, 684 S.E.2d 845 (2009) (intermediate appellate decision on lack of authority to defer disposition)