Perry v. Commonwealth, 533 S.E.2d 651 (Va. Ct. App. 2000). · Go Syfert
Perry v. Commonwealth, 533 S.E.2d 651 (Va. Ct. App. 2000). Cases Citing This Book View Copy Cite
“a voluntary and intelligent guilty plea by an accused is a waiver of all defenses other than those jurisdictional”
57 citation events (53 in the last 25 years) across 5 distinct courts.
Strongest positive: Latron Dupree Brown v. Commonwealth of Virginia (vactapp, 2017-08-01)
Treatment trajectory · 2000 → 2026 · click a year to view as-of
2000 2013 2026
Top citers, strongest first. 22 distinct citers.
examined Cited as authority (verbatim quote) Latron Dupree Brown v. Commonwealth of Virginia (2×) also: Cited as authority (quoted)
Va. Ct. App. · 2017 · signal: see also · quote attribution · 2 verbatim quotes · confidence high
a voluntary and intelligent guilty plea by an accused is a waiver of all defenses other than those jurisdictional
discussed Cited as authority (rule) Jared Matthew Warren v. Commonwealth of Virginia
Va. Ct. App. · 2022 · confidence medium
Virginia courts “treat Alford pleas as having the same preclusive effect as a guilty plea.” Perry v. Commonwealth, 33 Va. App. 410, 412 (2000). -2- The Commonwealth proffered that while at an overnight party in October 2019, the victim became intoxicated.
discussed Cited as authority (rule) John Allen Baugh, Jr. v. Commonwealth of Virginia
Va. Ct. App. · 2018 · confidence medium
His Alford plea had “the same preclusive effect as a guilty plea.” Perry v. Commonwealth, 33 Va. App. 410, 412 , 533 S.E.2d 651, 652 (2000). 3 Appellant also argues on appeal that the 2007 amendment violates Article I, § 9 of the Virginia Constitution.
discussed Cited as authority (rule) Jahsen Heard v. Commonwealth of Virginia
Va. Ct. App. · 2018 · confidence medium
“An ‘Alford plea is a variation of a guilty plea,’” and “has ‘the same preclusive effect as a guilty plea’ for purposes of appeal.” Cobbins v. Commonwealth, 53 Va. App. 28, 36 , 668 S.E.2d 816, 820 (2008) (first quoting United States v. Morrow, 914 F.2d 608, 611 (4th Cir. 1990); then quoting Perry v. Commonwealth, 33 Va. App. 410, 412 , 533 S.E.2d 651, 652 (2000)). -4- sentencing.
discussed Cited as authority (rule) Arthur Amil Zebbs v. Commonwealth of Virginia
Va. Ct. App. · 2016 · confidence medium
“Virginia courts ‘treat Alford pleas as having the same preclusive effect as a guilty plea.’ ” Ramsey v. Commonwealth, 65 Va.App. 593 , 596 n. 1, 779 S.E.2d 241 , 243 n. 1 (2015) (quoting Perry v. Commonwealth, 33 Va.App. 410, 412 , 533 S.E.2d 651, 652 (2000)).
cited Cited as authority (rule) Jerome Alexander Griffin v. Commonwealth of Virginia
Va. Ct. App. · 2016 · confidence medium
His Alford plea had "the same preclusive effect as a guilty plea.” Perry v. Commonwealth, 33 Va.App. 410, 412 , 533 S.E.2d 651, 652 (2000). 2 .
cited Cited as authority (rule) Jonta Ramsey v. Commonwealth of Virginia
Va. Ct. App. · 2015 · confidence medium
Virginia courts "treat Alford pleas as having the same preclusive effect as a guilty plea.” Perry v. Commonwealth, 33 Va.App. 410, 412 , 533 S.E.2d 651, 652 (2000) (citation omitted).
discussed Cited as authority (rule) State v. Herndon
S.C. · 2013 · confidence medium
The Alford plea is, in essence, a guilty plea and carries with it the same penalties and punishments. 1 See, e.g., Carroll v. Virginia, 280 Va. 641 , 701 S.E.2d 414, 420 (2010) (“We hold further that Carroll’s failure to receive warning at the time he entered his Alford plea that such a refusal could result in the revocation of his probation is a collateral and not a direct consequence of his plea and does not render the revocation improper.”); Perry v. Virginia, 33 Va.App. 410 , 533 S.E.2d 651, 652-53 (2000) (holding that Alford pleas are treated the same as guilty pleas and thus by fre…
cited Cited as authority (rule) Williams v. Commonwealth
Va. Ct. App. · 2011 · confidence medium
Virginia courts "treat Alford pleas as having the same preclusive effect as a guilty plea.” Perry v. Commonwealth, 33 Va.App. 410, 412 , 533 S.E.2d 651, 652 (2000) (citation omitted).
discussed Cited as authority (rule) Carroll v. Com.
Va. · 2010 · confidence medium
See e.g., Patterson v. Commonwealth, 262 Va. 301 , 302 n. 1, 551 S.E.2d 332 , 333 n. 1 (2001); Reid v. Commonwealth, 256 Va. 561 , 563 n. 1, 506 S.E.2d 787 , 788 n. 1 (1998); Zigta v. Commonwealth, 38 Va.App. 149 , 151 n. 1, 562 S.E.2d 347 , 348 n. 1 (2002); Perry v. Commonwealth, *416 33 Va.App. 410, 412-13 , 533 S.E.2d 651, 652-53 (2000).
discussed Cited as authority (rule) Carroll v. Commonwealth (2×)
Va. Ct. App. · 2009 · confidence medium
Against this historical backdrop, the Alford plea developed as a mechanism whereby "`a defendant maintains innocence while entering a plea of guilty because the defendant concludes that his interests require entry of a guilty plea and the record before the court contains strong evidence of actual guilt.'" Perry v. Commonwealth, 33 Va.App. 410, 412 , 533 S.E.2d 651, 652-53 (2000) (quoting Cortese v. Black, 838 F.Supp. 485, 492 (D.Colo.1993) (citing Alford, 400 U.S. at 37 , 91 S.Ct. at 167 )).
cited Cited as authority (rule) Mandiaye M. Sene v. Commonwealth of Virginia
Va. Ct. App. · 2009 · confidence medium
Virginia courts “treat Alford pleas as having the same preclusive effect as a guilty plea.” Perry v. Commonwealth, 33 Va. App. 410, 412 , 533 S.E.2d 651, 652 (2000) (citation omitted).
discussed Cited as authority (rule) Lord Quikzonious Judah, s/k/a Lord Quickzonious Judah v. Commonwealth of Virginia
Va. Ct. App. · 2009 · confidence medium
Accordingly, courts treat Alford pleas as having the same preclusive effect as a guilty plea.” Perry v. Commonwealth, 33 Va. App. 410, 412 , 533 S.E.2d 651, 652 (2000) (quoting Cortese v. Black, 838 F. Supp. 485, 492 (D.
discussed Cited as authority (rule) Cobbins v. Commonwealth (2×)
Va. Ct. App. · 2008 · confidence medium
An “Alford plea is a variation of a guilty plea,” United States v. Morrow, 914 F.2d 608, 611 (4th Cir.1990), and has “the same preclusive effect as a guilty plea” for purposes of appeal, Perry v. Commonwealth, 33 Va.App. 410, 412 , 533 S.E.2d 651, 652-53 (2000) (citation omitted); see Clauson v. Commonwealth, 29 Va.App. 282, 294 , 511 S.E.2d 449, 455 (1999).
cited Cited as authority (rule) Darren Lamont Rice v. Commonwealth of Virginia
Va. Ct. App. · 2008 · confidence medium
Perry v. Commonwealth, 33 Va. App. 410, 412 , 533 S.E.2d 651, 652 (2000). 2 Rice conceded there was neither a mistake in fact nor fraud or coercion when he entered the pleas.
discussed Cited as authority (rule) Carlisle Rawles Zimmer v. Commonwealth of Virginia
Va. Ct. App. · 2001 · confidence medium
Thus, a guilty plea waives all preceding non-jurisdictional defects, including constitutional claims, Terry v. Commonwealth, 30 Va. - 2 - App. 192, 197, 516 S.E.2d 233, 235-36 (1999) (en banc), and an Alford plea "'ha[s] the same preclusive effect as a guilty plea'" for purposes of appeal, Perry v. Commonwealth, 33 Va. App. 410, 412 , 533 S.E.2d 651, 652-53 (2000) (quoting Cortese v. Black, 838 F. Supp. 485, 492 (D.
discussed Cited as authority (rule) Charles Mayland Limbrick v. Commonwealth of VA (2×)
Va. Ct. App. · 2000 · confidence medium
Because a defendant who has entered an Alford plea may, on appeal, only challenge the jurisdiction of the trial court, Perry v. Commonwealth, 33 Va. App. 410, 412-13 , 533 S.E.2d 651, 653 (2000), the dispositive issue is whether Limbrick's two questions presented on appeal raise a jurisdictional issue.
discussed Cited "see" Steven Wayne Shifflett v. Commonwealth of Virginia
Va. Ct. App. · 2024 · signal: see · confidence high
See Perry v. Commonwealth, 33 Va. App. 410, 413 (2000) (holding that by freely and intelligently entering an Alford plea, an appellant waives his right to appeal the issue of “whether the evidence was sufficient to prove beyond a reasonable doubt that he was guilty of that charge”).
discussed Cited "see" Robert George Cahill, Jr. v. Commonwealth of Virginia
Va. Ct. App. · 2023 · signal: see · confidence high
See Perry v. Commonwealth, 33 Va. App. 410, 412 (2000). 2 Although the trial court referenced Code § 18.2-51.2 (aggravated malicious wounding) in arraigning Cahill, it used only the statutory language for malicious wounding and did not reference the additional elements of aggravated malicious wounding.
discussed Cited "see" David Roger Slate v. Commonwealth of Virginia
Va. Ct. App. · 2022 · signal: see · confidence high
See Perry v. Commonwealth, 33 Va. App. 410, 413 (2000) (holding that by “freely and intelligently entering” an Alford plea of guilty, the defendant “waived his right to appeal the issue of whether the evidence was sufficient to prove beyond a reasonable doubt that he was guilty of th[e] charge”).
discussed Cited "see" Antoine Leon Minor v. Commonwealth of Virginia
Va. Ct. App. · 2022 · signal: see · confidence high
See Perry v. Commonwealth, 33 Va. App. 410, 412-13 (2000) (holding that by “freely and intelligently entering” an Alford plea of guilty, the defendant “waived his right to appeal the issue of whether the evidence was sufficient to prove beyond a reasonable doubt that he was guilty of th[e] charge”).
discussed Cited "see" Price v. Johnson (2×)
4th Cir. · 2007 · signal: see · confidence high
See Perry v. Commonwealth, 33 Va.App. 410 , 533 S.E.2d 651, 652-53 (2000) (holding that Alford pleas are treated the same as a guilty plea and thus “by freely and intelligently entering an Alford plea,” Perry “waived his right to appeal the issue of whether the evidence was sufficient to prove beyond a reasonable doubt that he was guilty of that charge.”). *276 Price, as the Commonwealth contends, has not argued that he intended to plead not guilty, rather that he intended to enter an Alford plea instead of a traditional guilty plea.
Gary Dean PERRY
v.
COMMONWEALTH of Virginia
2573992.
Court of Appeals of Virginia.
Sep 12, 2000.
533 S.E.2d 651
S. Jane Chittom, Appellate Counsel (Public Defender Commission, on briefs), for appellant., Leah A. Darron, Assistant Attorney General (Mark L. Earley, Attorney General, on brief), for appellee.
Overton.
Cited by 27 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 71%
Citer courts: Court of Appeals of Virginia (1)
OVERTON, Senior Judge.

In the trial court, appellant, utilizing the procedure approved in North Carolina v. Alford, 400 U.S. 25, 91 S.Ct. 160, 27 L.Ed.2d 162 (1970), entered pleas of guilty to grand larceny and to breaking and entering. Appellant contends that because the Commonwealth’s evidence failed to prove the structure allegedly entered was a structure permanently affixed to realty or other structure included in Code §§ 18.2-90 and 18.2-91, the evidence was insufficient as a matter of law to convict him of breaking and entering pursuant to his Alford plea. We hold that appellant waived his right to challenge the sufficiency of the evidence. Therefore, we affirm.

The record affirmatively establishes that the trial court fully advised appellant of his rights and extensively questioned appellant with respect to his understanding of the consequences of entering an Alford plea. Appellant acknowledged that he knew he was giving up his right to a jury trial, giving up his right to confront and cross-examine witnesses against him, and that he was probably giving up his right to appeal any decisions made by the trial court by entering an Alford plea. [1] Appellant agreed that he was pleading guilty under the conditions approved in Alford due to the evidence against him and his desire to avoid the risk of a jury trial, although he was not admitting that he committed the offenses. Appellant[*412] acknowledged that he was pleading guilty freely and voluntarily after consulting with his attorney. The Commonwealth summarized the evidence against appellant. The trial court then accepted appellant’s pleas, finding they were freely, voluntarily, and intelligently made, and found appellant guilty beyond a reasonable doubt of both charges.

On appeal, appellant makes no claim that his Alford plea was entered involuntarily or unintelligently or that it was entered under fear, duress, coercion, fraud, or official misrepresentation. In addition, appellant makes no claim that he misunderstood the effect of his Alford plea. Rather, appellant contends that the evidence was insufficient to convict him of breaking and entering because the Commonwealth failed to prove that the structure allegedly entered was a structure permanently affixed to realty or other structure included in Code §§ 18.2-90 and 18.2-91. Appellant argues that by entering the Alford plea to breaking and entering he did not waive his right to raise this sufficiency issue on appeal. In addition, appellant argues that, although he did not raise this sufficiency argument in the trial court, his appeal should not be barred by Rule 5A:18 because the “ends of justice” exception applies to his case.

Under an Alford plea, a defendant maintains innocence while entering a plea of guilty because the defendant concludes that his interests require entry of a guilty plea and the record before the court contains strong evidence of actual guilt.... Guilty pleas must be rooted in fact before they may be accepted. Accordingly, courts treat Alford pleas as having the same preclusive effect as a guilty plea.

Cortese v. Black, 838 F.Supp. 485, 492 (D.Colo.1993) (citing Alford, 400 U.S. at 37, 91 S.Ct. at 167). In Virginia, it is well settled that a voluntary and intelligent guilty plea by an accused is “ ‘a waiver of all defenses other than those jurisdictional____ Where a conviction is rendered upon such a plea and the punishment fixed by law is in fact imposed in a proceeding free of jurisdictional defect, there is nothing to appeal.’ ” Dowell v. Commonwealth, 12 Va.App. 1145, 1148,[*413] 408 S.E.2d 263, 265 (1991) (quoting Savino v. Commonwealth, 239 Va. 534, 539, 391 S.E.2d 276, 278 (1990)), aff'd, on reh’g en banc, 14 Va.App. 58, 414 S.E.2d 440 (1992).

Thus, under the circumstances of this case, by freely and intelligently entering an Alford plea to the breaking and entering charge, appellant waived his right to appeal the issue of whether the evidence was sufficient to prove beyond a reasonable doubt that he was guilty of that charge.

For this reason, we affirm appellant’s convictions.

Affirmed.

1

. Appellant did not argue to the trial court and he does not argue on appeal that he misunderstood his rights with respect to whether he waived his right to appeal the sufficiency of the evidence by entering an Alford plea.