STOKES v. COM.

Record No. 0090-12-1.

736 S.E.2d 330 (2013)

61 Va. App. 388

Kenneth A. STOKES, Jr. v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Chesapeake.

January 15, 2013.


Attorney(s) appearing for the Case

J. Barry McCracken , Assistant Public Defender (Office of the Public Defender, on brief), for appellant.

Robert H. Anderson, III , Senior Assistant Attorney General ( Kenneth T. Cuccinelli, II , Attorney General, on brief), for appellee.

Present: ELDER, FRANK and HUFF, JJ.


FRANK, Judge.

Kenneth A. Stokes, Jr., appellant, filed a motion to modify and reduce his previously imposed sentence. He argues the trial court erred in concluding that it had no jurisdiction to do so under Code § 19.2-303 because appellant had already been transferred to the Department of Corrections. For the reasons stated, we affirm the judgment of the trial court.

BACKGROUND

Appellant was convicted of seven felonies upon pleas of...

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