Burrell v. Commonwealth
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Defendant pled guilty to attempted rape, a felony. Defendant's sentencing order contained a provision stating that the sentencing court would reduce the conviction from a felony to a misdemeanor following Defendant's incarceration and successful completion of probation. After Defendant violated his probation, he filed a motion to vacate the sentencing order as void ab initio and to dismiss his charge of the probation violation, arguing that the circuit court did not have the power to reduce his conviction to a misdemeanor under the circumstances. The circuit court denied Defendant's motion. The Supreme Court reversed, holding (1) in this case, the circuit court did not have the power to render a judgment reducing Defendant's conviction from a felony to a misdemeanor more than five years after its entry of the sentencing order; and (2) the ultra vires provision in the sentencing order resulted in the entire sentencing order being void ab initio.
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