9.22 Judgment

• Library: Virginia Law and Practice: A Handbook for Attorneys (Virginia CLE) (2020 Ed.)

9.22 JUDGMENT

9.2201 Procedure The judgment order sets forth the plea, the verdict finding, the adjudication, and the sentence. ⁷³¹ 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. ⁷³² If the accused was tried at one time for two or more offenses, the court may enter one order for all the offenses. ⁷³³

The Virginia Supreme Court has distinguished the rendition of a judgment from its entry on the court records. ⁷³⁴ Entering or recording the 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. ⁷³⁵

9.2202 Finality. The judgment remains under control of the trial court for 21 days after entry of judgment and is subject to modification or

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vacation in that period. ⁷³⁶ A 2018 amendment to Rule 1:1 further defines finality. ⁷³⁷ Judgments, orders, or decrees are deemed final, unless any claim, cause of action, or relief is left before the court. ⁷³⁸ If only the "ministerial execution of the court's judgment, order or decree" is left before the court, then the judgment, order, or decree is deemed final. ⁷³⁹

In certain circumstances, the court may modify or suspend the sentence even if the 21-day period has expired. ⁷⁴⁰ The court may postpone execution of sentence so that the defendant may apply for a writ of error, but the court nevertheless loses control after 21 days from the entry of the judgment. ⁷⁴¹

To toll the time limits of Rule 1:1 of the Rules of the Supreme Court of Virginia, "it is not sufficient for the trial judge merely to express a desire to consider action or take the issue under advisement." ⁷⁴² Rather, the trial court "must issue an order modifying, vacating, or suspending the sentence within twenty-one days of entry" of the judgment. ⁷⁴³

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Notes:

^[731] Va. Code § 19.2-307.

^[732] Id.

^[733] Id.

^[734] Jefferson v. Commonwealth, 269 Va. 136, 139, 607 S.E.2d 107, 109 (2005) ("The rendition of a judgment duly pronounced is the judicial act of the court." ).

^[735] Id.

^[736] Rule 1:1. The 2018 amendments inserted the subdivision (a) designation and catchline and added subdivisions (b) through (e).

^[737] Rule 1:1(b).

^[738] Id.

^[739] Id.

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