The Court of Appeals affirms the circuit court decision that it lacked jurisdiction to review an indefinite juvenile commitment order after 60 days even though the parties and trial court mistakenly agreed to a review date outside the statutory review period.
Defendant was charged by JDR court petition with carrying a firearm on school property and violating his probation. He was sentenced by the JDR court for an indeterminate period and withdrew his circuit court appeal, agreeing to the charges. The circuit court entered its commitment order on February 11, 2010, and at the request of counsel for the commonwealth and the defendant, set a review hearing 68 days later, on April 20, 2010.
On the agreed date, the circuit court informed the parties of its error and found it no longer had jurisdiction under § 16.1-285 to review the commitment. It denied defendant’s motion for rehearing that review of his commitment would be “fair” as part of his plea agreement.
We affirm the circuit court. Section 16.1-289 expressly limits the review period for commitment orders to 60 days from the date of the commitment order. This limitation is jurisdictional similar to the 21-day limitation in Rule 1:1. A hearing date set by agreement of parties and correctly reflected in a court order cannot be considered a clerical error correctable under § 8.01-428(B).
Washington v. Commonwealth (Bumgardner) No. 1570-10-4, April 5, 2011, Culpeper Cir.Ct. (Berry) Catherine Buckner Lea for appellant, Richard B. Smith, Special AAG. VLW 011-7-120(UP), 4 pp.