Tuesday, January 06, 2004
Court of appeals reverses dismissal of conviction where jurisdiction at issue
In Jones v. Com., the Virginia Court of Appeals, sitting en banc, reversed its earlier panel decision, and reinstated the defendant's conviction, concluding that there was sufficient evidence to support the trial court's exercise of jurisdiction over the case, where the defendant entered a no contest plea and the prosecution produced evidence of a crime but not where it happened. The en banc court agreed with the Commonwealth that the nolo contendere established jurisdiction. The panel decision to the contrary was written by Judge Benton, joined by Judge Annunziata, with Senior Judge Coleman dissenting.