William Gabriel Starrs v. Commonwealth of Virginia, 733 S.E.2d 142

Starrs pleaded guilty to possession with intent to distribute ecstasy and LSD, respectively.
The trial court accepted the pleas after determining they were voluntary and with understanding of the charges.
At Starrs’ request, the court withheld a finding of guilt pending sentencing to address Hernandez v. Commonwealth implications.
Before sentencing, Starrs moved to defer disposition and seek dismissal of the charges upon future review.
At sentencing, the court held it had no authority to dismiss a case after a guilty plea and entered a finding of guilt with convictions.
Starrs was sentenced to five years on each count, concurrent, with the sentences suspended.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether trial court had authority to withhold guilt and defer disposition for possible dismissal	Starrs contends Hernandez allows deferral with dismissal on future terms.	Commonwealth argues no authority to dismiss after a guilty plea and no discretion to defer to dismissal.	Trial court lacked authority to defer disposition to dismiss after guilt.

Hernandez v. Commonwealth, 281 Va. 222 (2011) (discretion to continue case but not guarantee dismissal later)
Taylor v. Commonwealth, 58 Va. App. 435 (2011) (no authority to acquit after finding guilt; limits on deferral/dismissal)
Moreau v. Fuller, 276 Va. 127 (2008) (trial court can continue for disposition but not acquittal)
Epps v. Commonwealth, 59 Va. App. 71 (2011) (deferred disposition acknowledged post-Hernandez; limits noted)
Kibert v. Commonwealth, 216 Va. 660 (1976) (plea of guilty is a conviction or equivalent of conviction)
Hobson v. Youell, 177 Va. 906 (1941) (plea of guilty authorizes sentence; cannot negate conviction)
Gore v. United States, 357 U.S. 386 (1958) (legislature, not courts, should set punishment ranges)
Jackson v. Commonwealth, 44 Va. App. 218 (2004) (courts do not sit as a super legislature on sentencing)