Artis Orlando McDonald v Commonwealth of Virginia

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COURT OF APPEALS OF VIRGINIA Present: Judges Willis, Bumgardner and Senior Judge Overton Argued at Richmond, Virginia ARTIS ORLANDO McDONALD v. Record No. 0679-99-2 MEMORANDUM OPINION * BY JUDGE RUDOLPH BUMGARDNER, III MAY 16, 2000 COMMONWEALTH OF VIRGINIA FROM THE CIRCUIT COURT OF THE CITY OF RICHMOND Ernest P. Gates, Judge Designate Elwood Earl Sanders, Jr., Appellate Defender (S. Jane Chittom, Appellate Counsel; Public Defender Commission, on briefs), for appellant. Stephen R. McCullough, Assistant Attorney General (Mark L. Earley, Attorney General; Leah A. Darron, Assistant Attorney General, on brief), for appellee. A jury convicted the defendant of malicious wounding and use of a firearm in the commission of malicious wounding. On appeal, the defendant claims the circuit court lacked jurisdiction because the Commonwealth failed to serve notice of the proceeding in the juvenile and domestic relations district court upon his father as required by former Code §§ 16.1-263 and -264. We conclude the trial court had jurisdiction and affirm the convictions. * Pursuant to Code § 17.1-413, recodifying Code § 17-116.010, this opinion is not designated for publication. Petitions charging the offenses were filed in the juvenile and domestic relations district court. January 10, 1997. The offense date was The juvenile and domestic relations district court found probable cause and certified the charges. The grand jury indicted the defendant, and the circuit court tried the defendant with a jury, which convicted. Moore v. Commonwealth, 259 Va. 405, 410, __ S.E.2d __, __ (2000), held that Code § 16.1-269.1(E) cured a defect in a juvenile court proceeding resulting from failure to notify the defendant's father of the proceedings pursuant to Code §§ 16.1-263 and -264. Code § 16.1-269.1(E) applies to offenses committed after July 1, 1996. This offense occurred after that date, and a grand jury indicted the defendant. Accordingly, the indictment cured any defect that occurred, and we affirm the convictions. Affirmed. - 2 -

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