Notwithstanding the provisions of § 16.1-135, any person convicted in a general district court, a juvenile and domestic relations district court, or a court of limited jurisdiction of an offense not felonious may, at any time before the appeal is heard, withdraw an appeal which has been noted, pay the fine and costs to such court, and serve any sentence which has been imposed.
A person withdrawing an appeal shall give written notice of withdrawal to the court and counsel for the prosecution prior to the hearing date of the appeal. If the appeal is withdrawn more than ten days after conviction, the circuit court shall forthwith enter an order affirming the judgment of the lower court and the clerk shall tax the costs as provided by statute. Fines and costs shall be collected by the circuit court, and all papers shall be retained in the circuit court clerk's office.
Where the withdrawal is within ten days after conviction, no additional costs shall be charged, and the judgment of the lower court shall be imposed without further action of the circuit court.
1956, c. 555; 1973, c. 18; 1974, c. 228; 1979, c. 536; 1982, c. 366; 1983, c. 105; 1990, c. 25.
Notes of Decisions
Cited in
17
cases (
1 in the last 5 years), 1991–2023 · leading case:
Commonwealth v. Diaz, 585 S.E.2d 552 (Va. 2003).
Commonwealth v. Diaz, 585 S.E.2d 552 (Va. 2003).
· cites it 46× “Code § 16.1-133, which provides for the withdrawal of an appeal from a district court conviction, states in relevant part: [A]ny person convicted in a general district court .”
Commonwealth v. Zamani, 507 S.E.2d 608 (Va. 1998).
· cites it 14× “Resolution of the question presented in this case requires an interpretation of Code § 16.1-133, relating to the withdrawal of appeals to circuit courts from judgments of courts not of record, 1 and Code § 16.”
Zamani v. Commonwealth, 492 S.E.2d 854 (Va. Ct. App. 1997).
· cites it 15× “He claims the circuit court misinterpreted Code §§ 16.1-133 and 16.1-133.1 by holding that the general district court lacked jurisdiction to reopen his case after he had appealed the convictions to the circuit court and after he had appeared therein.”
Allen v. Commonwealth, 549 S.E.2d 652 (Va. Ct. App. 2001).
· cites it 6× “On December 20, 1999, the appellant withdrew his appeal pursuant to Code § 16.1-133, only to re-file the appeal on December 21,1999.”
Gerardo Ramos Diaz v. Commonwealth, 568 S.E.2d 401 (Va. Ct. App. 2002).
· cites it 8× “On appeal from the revocation of the suspension of sentence in his misdemeanor habitual offender case, Gerardo Diaz contends that the trial court erred (1) in holding that he committed a further violation within the period of suspension; and (2) in holding that a circuit court…”
Turner v. Commonwealth, 641 S.E.2d 771 (Va. Ct. App. 2007).
· cites it 2× “Code § 16.1-133 provides that where a misdemeanant withdraws his appeal de novo from the district court before it is heard in the circuit court, his conviction and sentence by the district court are affirmed, either by operation of law if the appeal is withdrawn within ten days…”
Kenyon v. Commonwealth, 561 S.E.2d 17 (Va. Ct. App. 2002).
· cites it 2× “But see Code § 16.1-133 (providing that where misdemeanant withdraws appeal before it is heard in circuit court, conviction and sentence of district court are affirmed, either by operation of law if appeal is withdrawn within ten days after conviction or by order of circuit…”
Cooper v. Commonwealth, 414 S.E.2d 435 (Va. Ct. App. 1992).
· cites it 2× “” See Code § 16.1-133. The Commonwealth responded that it was not necessary to prove “any of the facts of the destruction of private property .”
Buddy Lee Elkins v. Commonwealth of Virginia, 517 S.E.2d 728 (Va. Ct. App. 1999).
· cites it 8× “He argues the Bedford County Circuit Court erroneously relied on Code § 16.1-133 and treated his failure to appear in that case as a withdrawal of his appeal from the general district court.”
Hatami v. Ridge, 270 F. Supp. 2d 763 (E.D. Va. 2003).
· cites it 3× “Va.Code § 16.1-133 (providing that an appeal of a conviction in district court may be withdrawn before the appeal is heard).”
Hill v. Middlesex Cnty., 402 S.E.2d 243 (Va. Ct. App. 1991).
“Whenever an appeal is taken and the ten-day period prescribed by § 16.1-133 has expired the papers shall be promptly filed with the clerk of the circuit court.”
Clark v. Vergakis (E.D. Va. 2023).
· cites it 4× “” Va. Code Ann. § 16.1-133 ; see Commonwealth v.”
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