12.10 Judgment

• Library: Defending Criminal Cases in Virginia (Virginia CLE) (2018 Ed.)

12.10 JUDGMENT

12.1001 Procedure. The judgment order sets forth the plea, the verdict finding, the adjudication, and the sentence. ²⁸⁸ It also states whether a jury tried the case; if there was no jury trial, the judgment order states whether the court and the commonwealth's attorney concurred in the waiver of jury trial. ²⁸⁹ If the accused was tried at one time for two or more offenses, the court may enter one order for all the offenses. ²⁹⁰

The Virginia Supreme Court has distinguished the rendition of a judgment from its entry on the court records. ²⁹¹ Entering or recording the

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instrument memorializing the judgment is not required to validate the judgment itself. Thus, where a judge failed to sign a judgment of conviction sentencing the defendant, his pronouncement of the judgment nevertheless was a "valid judicial act," and therefore the defendant could later be punished for violating probation. ²⁹²

12.1002 Finality. The judgment remains under control of the trial court for 21 days after entry of...