Code of Virginia § 18.2-459. Appeal from sentence of such judge.

151 words·~1 min read·/va/title-18-2/chapter-10/18-2-459

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Any person sentenced to pay a fine, or to confinement, under § 18.2-458 , may appeal therefrom to the circuit court of the county or city in which the sentence was pronounced, upon entering into recognizance before the sentencing judge, with surety and in penalty deemed sufficient, to appear before such circuit court to answer for the offense. If such appeal be taken, a certificate of the conviction and the particular circumstances of the offense, together with the recognizance, shall forthwith be transmitted by the sentencing judge to the clerk of such circuit court, who shall immediately deliver the same to the judge thereof.

Such judge, sitting without a jury, shall hear the case upon the certificate and any legal testimony adduced on either side, and make such order therein as may seem to him proper.

Code 1950, § 18.1-294; 1960, c. 358; 1975, cc. 14, 15; 2013, c. 615 .