NEELY v. COM.

Record No. 2325-03-1.

604 S.E.2d 733 (2004)

44 Va. App. 239

Demetrius Lamont NEELY v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Chesapeake.

November 9, 2004.


Attorney(s) appearing for the Case

Gregory B. Turpin, Virginia Beach, for appellant.

Robert H. Anderson, III, Senior Assistant Attorney General (Jerry W. Kilgore, Attorney General, on brief), for appellee.

Present: BENTON and HUMPHREYS, JJ., COLEMAN, S.J.


BENTON, Judge.

The sole issue presented by this appeal is whether the circuit court judge had jurisdiction under Code § 19.2-303 to consider a defendant's motion to modify his sentence while the defendant was in the custody of the Federal Bureau of Prisons. We hold that the judge did have jurisdiction because the evidence did not establish that the defendant had been transferred to the custody of the Virginia Department of Corrections.

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