In the case of Hernadez v. Commonwealth, the Virginia Surpreme Court affirmed a criminal court's "inherent authority" to dismiss a charge when it has found that facts were sufficient to find an individual guilty, but witholds convicting that individual.  Despite this, the Court of Appeals in Taylor v. Commonwealth said that there is no such inherent authority.

Fortunately, the Virginia Surpeme Court will re-visit this issue in WILLIAM GABRIEL STARRS v. COMMONWEALTH OF VIRGINIA.  Hopefully, it will provide the Court of Appeals with direction in affirming such inherent authority.  We'll just have to wait and see.

For more questions, feel free to call me.

James S. Abrenio

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