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HERNANDEZ v. COM.

Record No. 092524.

707 S.E.2d 273 (2011)

Rafael HERNANDEZ v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

January 13, 2011.

Attorney(s) appearing for the Case

Paul E. Pepper , Deputy Public Defender, for appellant.

Eugene Murphy , Senior Assistant Attorney General ( Kenneth T. Cuccinelli II , Attorney General, on brief), for appellee.

Virginia Association of Criminal Defense Lawyers ( Marvin D. Miller , Alexandria; John R. Maus , on brief), in support of appellant, amicus curiae.

Present: HASSELL, C.J., KOONTZ, KINSER, LEMONS, GOODWYN, and MILLETTE, JJ., and RUSSELL, S.J.

Opinion by Senior Justice CHARLES S. RUSSELL.

In Moreau v. Fuller, 276 Va. 127, 661 S.E.2d 841 (2008), we considered the question whether a court, having taken a criminal case under advisement for deferred disposition, had a ministerial duty, enforceable by mandamus, to enter final judgment in the case. We held that the act of rendering judgment was within the inherent power of the court and that it was discretionary...

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