Marijuana Virginia Prince William County Possession Intent Distribute Transporting
CARL BURNES GORDON v. COMMONWEALTH OF VIRGINIA
COURT OF APPEALS OF VIRGINIA
38 Va. App. 818; 568 S.E.2d 452
August 27, 2002, Decided
He discovered that these boxes were packed with 145 pounds of marijuana. He also found $ 7,767 in cash. Based on this evidence, the jury convicted Gordon of transporting marijuana into the Commonwealth and of possession of marijuana with intent to distribute. Gordon filed a motion to set aside for lack of jurisdiction. The circuit court denied the motion and entered a final judgment. Defendant appealed.
Issue:
The court held that "the defendant bases his claim on Virginia Code § 19.2-239, which provides the circuit courts with "exclusive jurisdiction for the trial of all presentments and informations for offenses committed within their respective circuits." He does not base his claim on Code § 19.2-244, which governs the venue of trial, or Virginia Code § 17.1-513, which governs the subject matter jurisdiction of the circuit courts. The circuit court treated Gordon's claim as one involving improper venue, and not subject matter jurisdiction, and found the claim to be untimely. Although we find that the claim is one of territorial jurisdiction, not venue, we affirm Gordon's conviction because his objection to the circuit court's territorial jurisdiction under Virginia Code § 19.2-239 was untimely.
Disclaimer:
These summaries are provided by the SRIS Law Group. They represent the firm's unofficial views of the Justices' opinions. The original opinions should be consulted for their authoritative content.
If you are need of an experienced criminal defense lawyer in Prince William County Virginia, contact the SRIS Law Group.
COURT OF APPEALS OF VIRGINIA
38 Va. App. 818; 568 S.E.2d 452
August 27, 2002, Decided
He discovered that these boxes were packed with 145 pounds of marijuana. He also found $ 7,767 in cash. Based on this evidence, the jury convicted Gordon of transporting marijuana into the Commonwealth and of possession of marijuana with intent to distribute. Gordon filed a motion to set aside for lack of jurisdiction. The circuit court denied the motion and entered a final judgment. Defendant appealed.
Issue:
- Whether the Prince William County trail court properly denied the defendant's motion?
The court held that "the defendant bases his claim on Virginia Code § 19.2-239, which provides the circuit courts with "exclusive jurisdiction for the trial of all presentments and informations for offenses committed within their respective circuits." He does not base his claim on Code § 19.2-244, which governs the venue of trial, or Virginia Code § 17.1-513, which governs the subject matter jurisdiction of the circuit courts. The circuit court treated Gordon's claim as one involving improper venue, and not subject matter jurisdiction, and found the claim to be untimely. Although we find that the claim is one of territorial jurisdiction, not venue, we affirm Gordon's conviction because his objection to the circuit court's territorial jurisdiction under Virginia Code § 19.2-239 was untimely.
Disclaimer:
These summaries are provided by the SRIS Law Group. They represent the firm's unofficial views of the Justices' opinions. The original opinions should be consulted for their authoritative content.
If you are need of an experienced criminal defense lawyer in Prince William County Virginia, contact the SRIS Law Group.
