Appeals – Criminal defendant waived arguments on appeal

Where a man convicted of aggravated sexual battery challenged the sufficiency of the evidence against him and his sentence, but he failed to timely file a trial transcript or statement of facts in lieu of a transcript, which were necessary for resolution of his arguments, his conviction was affirmed.

 Background                              

Following a jury trial, the circuit court convicted Jorge Adalbert Sanchez Torres of aggravated sexual battery. On appeal, he challenges the sufficiency of the evidence against him, alleging that the witnesses were inherently incredible as a matter of law. He further challenges his sentence.

Analysis

Torres challenges both the sufficiency of the evidence against him and his sentence. He has failed, however, to timely file a trial transcript or statement of facts in lieu of a transcript.

Rule 5A:8 requires an appellant to file a timely transcript or written statement of facts in lieu of a transcript. “When the appellant fails to ensure that the record contains transcripts or a written statement of facts necessary to permit resolution of appellate issues, any assignments of error affected by such omission will not be considered.”

“If . . . the transcript [or statement of facts] is indispensable to the determination of the case, then the requirements for making the transcript [or statement of facts] a part of the record on appeal must be strictly adhered to.” “This Court has no authority to make exceptions to the filing requirements set out in the Rules.”

Here, the circuit court entered the final order on Jan. 22, 2025. Under Rule 5A:8, the transcripts were due within 60 days of the entry of the final order, by March 24, 2025. See Rule 5A:8. Torres did not file the transcript from his trial until July 21, 2025. Torres also failed to request an extension of time to file this transcript, instead moving to deem the late transcript as timely, a motion this court has previously denied. Torres did not file a statement of facts in lieu of a transcript.

Torres challenges the sufficiency of the evidence against him: without a trial transcript or statement of facts in lieu of a transcript, this court cannot evaluate his arguments thereto. Further, because the circuit court’s sentence was predicated on the severity of the facts alleged, it cannot consider whether it abused its discretion in sentencing him without a trial transcript. Thus, a transcript or a written statement of facts in lieu of a transcript is indispensable to permit this Court to resolve the issues raised on appeal. As Torres failed to provide a timely filed transcript or a written statement of facts in lieu of a transcript necessary to resolve his assignments of error, this court will not consider them.

Affirmed.

Torres v. Commonwealth, Record No. 0697-25-3, March 31, 2026. CAV (unpublished opinion) (per curiam). From the Circuit Court of Rockingham County (Albertson). (Tanya L. Perez Rodriguez; Law Office of Tania L. Perez Rodriguez, on brief), for appellant. (Jason S. Miyares, Attorney General; Allison M. Mentch, Assistant Attorney General, on brief), for appellee. VLW 026-7-121. 4 pp.

Full-Text Opinion

VLW 026-7-121
Virginia Lawyers Weekly