September 2019 - Burnham v Commonwealth

Published: Sept. 29, 2019, 7:54 p.m.

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Granted Appeal Summary

 

Case

 

NOAH SALIM BURNHAM v. COMMONWEALTH OF VIRGINIA (Record Number 181096)

 

From 

 

The Court of Appeals of Virginia.

 

Counsel

 

Miriam Airington-Fisher (Airington, Overholser & Rockecharlie PLLC) for appellant

 

Mackenzie K. Babichenko (Office of the Commonwealth’s Attorney) for appellee

 

Assignment of Error

 

The trial court erred in denying the defense motion to dismiss because the trial court lacked jurisdiction to find defendant guilty of a probation violation where Appellant had completed his term of probation and was no longer subject to terms of suspension. The Court of Appeals erred by denying the appeal and affirming the ruling of the trial court.

 

Source Document: http://www.courts.state.va.us/courts/scv/appeals/181096.pdf