Artis Orlando McDonald v. Commonwealth of Virginia

COURT OF APPEALS OF VIRGINIA
Present: Judges Willis, Bumgardner and Senior Judge Overton
Argued at Richmond, Virginia
ARTIS ORLANDO McDONALD
MEMORANDUM OPINION * BY
v. Record No. 0679-99-2 JUDGE RUDOLPH BUMGARDNER, III
MAY 16, 2000
COMMONWEALTH OF VIRGINIA
FROM THE CIRCUIT COURT OF THE CITY OF RICHMOND
Ernest P. Gates, Judge Designate
Elwood Earl Sanders, Jr., Appellate Defender
(S. Jane Chittom, Appellate Counsel; Public
Defender Commission, on briefs), for
appellant.
Stephen R. McCullough, Assistant Attorney
General (Mark L. Earley, Attorney General;
Leah A. Darron, Assistant Attorney General,
on brief), for appellee.
A jury convicted the defendant of malicious wounding and
use of a firearm in the commission of malicious wounding. On
appeal, the defendant claims the circuit court lacked
jurisdiction because the Commonwealth failed to serve notice of
the proceeding in the juvenile and domestic relations district
court upon his father as required by former Code §§ 16.1-263 and
-264. We conclude the trial court had jurisdiction and affirm
the convictions.
* Pursuant to Code § 17.1-413, recodifying Code
§ 17-116.010, this opinion is not designated for publication.
Petitions charging the offenses were filed in the juvenile
and domestic relations district court. The offense date was
January 10, 1997. The juvenile and domestic relations district
court found probable cause and certified the charges. The grand
jury indicted the defendant, and the circuit court tried the
defendant with a jury, which convicted.
Moore v. Commonwealth, 259 Va. 405, 410, __ S.E.2d __, __
(2000), held that Code § 16.1-269.1(E) cured a defect in a
juvenile court proceeding resulting from failure to notify the
defendant's father of the proceedings pursuant to Code
§§ 16.1-263 and -264. Code § 16.1-269.1(E) applies to offenses
committed after July 1, 1996. This offense occurred after that
date, and a grand jury indicted the defendant. Accordingly, the
indictment cured any defect that occurred, and we affirm the
convictions.
Affirmed.
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