LaCava v. Commonwealth
Annotate this CasePatricia LaCava was convicted in the circuit court of two counts of embezzlement. LaCava commenced her appeal pro se. LaCava filed a timely notice of appeal and asked the court reporter to order transcripts of the trial proceedings. LaCava subsequently secured representation by appellate counsel, who discovered that the transcripts had not been filed within the sixty-day period required by Va. R. Crim. App. 5A:8(a). After filing the transcripts by hand, counsel filed a motion to extend the deadline for filing transcripts. The court of appeals denied the motion and thereafter denied LaCava's petition for appeal. The Supreme Court vacated the judgment of the court of appeals, holding (1) the court of appeals abused its discretion in denying LaCava's motion to extend the deadline for filing her transcript, as LaCava showed good cause to extend the period for filing transcripts; and (2) the court of appeals erred in denying LaCava's petition for appeal because the order was predicated solely on the absence of a transcript or statement of facts.
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