Did the Virginia Court of Appeals have jurisdiction to hear a case concerning the ability of a court to take a case under advisement?
I'm not sure. Per
So, the Court of Appeals has the ability to hear an appeal of a conviction. However, this case isn't about the conviction. The error alleged had to do with the trial judge's assertion that he did not have the power to take a case under advisement.
The enactment of theseNothing in that statement stands up to even medium level scrutiny. You have to want to believe to agree with the rationale offered.
1-200.01 Limitations on Judicial SentencingIt chose not to do so.
Unless provided for by a specific statute, no judge in the Commonwealth of Virginia is allowed to reduce, mitigate, or vary in any manner the punishment which the General Assembly has determined is appropriate for a citation, misdemeanor, or felony.