Kenneth A. Stokes, Jr. v. Commonwealth of Virginia
61 Va. App. 388
| Va. Ct. App. | 2013Background
- Appellant was convicted of seven felonies and sentenced Jan 21, 2011 to 103 years with 60 years suspended.
- Post-judgment, appellant sought appellate review and filed a motion to modify his sentence under Code § 19.2-303 while appeals were pending.
- The trial court held the motion hearing Aug 19, 2011 and considered mitigating evidence including cooperation against a co-defendant.
- A February 25, 2011 order required appellant to remain in the Norfolk City Jail; he was later transferred to the Department of Corrections (DOC).
- At the November 4, 2011 hearing, the court learned of the transfer to DOC and, on December 22, 2011, held it lacked jurisdiction to modify because of the transfer, despite the transfer being contrary to the court’s order.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the court had jurisdiction to modify the unserved portion of the sentence after transfer. | Stokes argues jurisdiction remained under 19.2-303 until transfer (or not after 21 days). | Commonwealth contends transfer to DOC ends jurisdiction per 19.2-303 and Rule 1:1. | Court affirmed lack of jurisdiction after transfer; 19.2-303 triggers before transfer. |
| Whether improper transfer in violation of a court order affects jurisdiction to modify under 19.2-303. | Stokes asserts transfer in contravention of order should not defeat potential relief. | Commonwealth argues the plain text of 19.2-303 bars modification post-transfer. | Court held transfer ends jurisdiction, even if transfer occurred contrary to court order. |
Key Cases Cited
- Ziats v. Commonwealth, 42 Va.App. 133, 590 S.E.2d 117 (Va.App. 2003) (statutory framework for 19.2-303 and timing before transfer)
- In re Dep’t of Corr., 222 Va. 454, 281 S.E.2d 857 (Va. 1981) (establishes transfer as the triggering event for loss of modify/extend jurisdiction)
- E.C. v. Va. Dep’t of Juvenile Justice, 283 Va. 522, 722 S.E.2d 827 (Va. 2012) (discusses continuing jurisdiction when proceedings persist despite custody changes)