Miguel Antonio Reyes v. Commonwealth of Virginia, 68 Va. App. 379

Miguel Antonio Reyes pled guilty (Alford plea) to robbery on Feb 23, 2016; no sentence agreement; restitution ordered.
Sentencing was set for May 13, 2016; defense requested continuance to pursue Youthful Offender Program; court granted continuance to July 15, 2016.
On July 14, 2016 retained counsel Charles Swedish filed motions to substitute and for a continuance (claimed changed financial circumstances); requested continuance the day before sentencing.
At the July 15 hearing the court denied the continuance, citing prior continuance, the victim’s presence, and the last-minute timing; allowed Swedish to enter but not to substitute; sentencing proceeded July 21, 2016 (45 years, 27 suspended).
Appellant appealed, arguing the court violated Code § 19.2-159.1 (must grant reasonable continuance when defendant ceases to be indigent) and the Sixth Amendment; appellate court reviewed only the § 19.2-159.1 claim and affirmed.

Issue	Reyes' Argument	Commonwealth's Argument	Held
Whether trial court erred in denying a continuance under Va. Code § 19.2-159.1 when retained counsel sought substitution day before sentencing	Appellant: court must "shall grant reasonable continuance" once defendant ceases indigence — statute required continuance	Commonwealth: request was last-minute; victim present; prior continuance granted; court discretion to deny absent exceptional circumstances	Affirmed — denial not an abuse of discretion; last-minute request required exceptional circumstances which were not shown
Whether denial violated Sixth Amendment right to chosen counsel	Reyes: denial prevented effective assistance of retained counsel	Commonwealth: procedural and factual reasons justified denial; right is qualified and balanced against state interest in expeditious proceedings	Not reached on merits — claim not preserved in trial court (procedural default)

United States v. Gonzalez-Lopez, 580 U.S. 140 (right to counsel of choice is structural error when wrongly denied)
London v. Commonwealth, 49 Va. App. 230 (denial of continuance to substitute counsel requires analysis of timing and prejudice)
Johnson v. Commonwealth, 51 Va. App. 369 (last-minute substitution request requires exceptional circumstances)
Feigley v. Commonwealth, 16 Va. App. 717 (court must avoid arbitrary insistence on expeditiousness over justifiable delay)
Brailey v. Commonwealth, 55 Va. App. 435 (denial of same-day continuance affirmed where state interest and preparedness outweigh request)