Stephen Keith White v. Commonwealth of Virginia, 67 Va. App. 599

On July 25, 2015, Stephen K. White signed a firearm transaction form stating he had never been convicted of a crime of domestic violence; the purchase was denied and investigation revealed a prior assault-and-battery conviction involving a family member.
White admitted to signing the form and to the underlying assault-and-battery conviction but said he did not understand that conviction qualified as a crime of domestic violence.
White pleaded guilty to making a false statement in connection with a firearm purchase (Va. Code § 18.2-308.2:2); the trial court accepted the plea and found the evidence sufficient to convict.
At sentencing White urged the court to withhold entry of a conviction or otherwise avoid a felony conviction based on his claimed honest mistake and personal circumstances.
The trial court declined, citing Taylor v. Commonwealth and its view that it lacked authority to withhold a finding or reduce/dismiss a charge once guilt was established beyond a reasonable doubt, but acknowledged Starrs; the court invited appellate review.
The Court of Appeals affirmed, holding that while a trial court may defer disposition before entering a written conviction order, it lacks inherent authority to use that deferral as judicial clemency to acquit or reduce offenses when guilt is established beyond a reasonable doubt.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether trial court had authority to withhold/ defer entry of conviction and ultimately reduce/dismiss charge after plea and finding of sufficiency	White argued the court could defer entry or withhold a conviction (seeking an alternative disposition) because doubts existed as to his state of mind and because he did not understand his prior conviction was domestic violence	Commonwealth and trial court relied on Taylor and related precedents: court lacks inherent authority to acquit or convict of a lesser offense when evidence proves guilt beyond a reasonable doubt; deferral cannot be used as judicial clemency	Court held deferral authority exists until a written conviction order is entered, but that authority cannot be used as a pretext for judicial clemency to acquit or reduce a charge when guilt is established beyond a reasonable doubt; affirmed conviction

Taylor v. Commonwealth, 58 Va. App. 435 (court of appeals) (trial court lacks inherent power to acquit a defendant of a crime proven beyond a reasonable doubt and convict of a lesser offense)
Starrs v. Commonwealth, 287 Va. 1 (Va.) (a circuit court retains inherent authority to withhold a finding of guilt and defer disposition until a written order is entered)
Moreau v. Fuller, 276 Va. 127 (Va.) (trial court may take matter under advisement; distinction between finding evidence sufficient and entering judgment)
Hernandez v. Commonwealth, 281 Va. 222 (Va.) (until a written order adjudicating guilt is entered, court may defer disposition; but court cannot, after entering judgment, depart from legislatively prescribed punishment)
Harris v. Commonwealth, 63 Va. App. 525 (court of appeals) (interpreting Starrs: deferment authority limited to determining guilt/degree of guilt and not to grant judicial clemency)
In re Commonwealth’s Atty. for the City of Roanoke, 265 Va. 313 (Va.) (judicial authority to render judgment derives from role as adjudicator; courts may not assume powers of clemency or legislate)