Commonwealth v. South
Cases that cite this one
35 later published cases cite this decision. The 25 that cite it most often are listed here.
- Ferguson v. Commonwealth (Va. Ct. App. 2007)
- Charleston Alexandria Williams, Jr. v. Commonwealth of Virginia (Va. Ct. App. 2015)
- Wright v. Commonwealth (Va. Ct. App. 2007)
- Cline v. Commonwealth (Va. Ct. App. 2009)
- Johnson v. Commonwealth (Va. Ct. App. 2008)
- Dunn v. Commonwealth (Va. Ct. App. 2008)
- Crawford v. Commonwealth (Va. Ct. App. 2008)
- Travelers Property Casualty Co. of America v. Ely (Va. Ct. App. 2007)
- James Lee Frango v. Commonwealth of Virginia (Va. Ct. App. 2016)
- Charleston Alexandria Williams, Jr. v. Commonwealth of Virginia (Va. Ct. App. 2015)
- Britt v. Com. (Va. 2008)
- Christopher James Guinyard v. Commonwealth (Va. Ct. App. 2007)
- James Steven Patterson v. Commonwealth of Virginia (Va. Ct. App. 2017)
- Gregory Edward Leonard, II v. Commonwealth of Virginia (Va. Ct. App. 2016)
- Christopher Ray Ballard v. Commonwealth of Virginia (Va. Ct. App. 2016)
- José Rafael Salazar v. Commonwealth of Virginia (Va. Ct. App. 2016)
- Crosby Windell Jones v. Commonwealth of Virginia (Va. Ct. App. 2015)
- Levin Grimes v. Commonwealth of Virginia (Va. Ct. App. 2013)
- Larond Antonio Ayres v. Commonwealth of Virginia (Va. Ct. App. 2013)
- Wendell Kirk Dean v. Commonwealth of Virginia (Va. Ct. App. 2012)
- Quavadis v. Hyman v. Commonwealth of Virginia (Va. Ct. App. 2012)
- Walter Cousins, Jr., s/k/a Walter Anthony Cousins, Jr. v. Commonwealth of Virginia (Va. Ct. App. 2011)
- Gonzin v. Commonwealth (Va. Ct. App. 2011)
- David Charles Johnson v. Commonwealth of Virginia (Va. Ct. App. 2011)
- Kimathy J. Branch v. Commonwealth of Virginia (Va. Ct. App. 2010)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
From the Court of Appeals of Virginia. Court of Appeals No. 2209-04-1.
Upon the petition of the Commonwealth of Virginia and a review of the record, pleadings and the argument of appellant's counsel, the Court finds no merit to assignments of error I and II and refuses the petition as to those assignments of error. The appellee, however, concedes that appellant is correct as to its third assignment of error, which reads as follows:
III. Assuming arguendo that the trial court erred in convicting the defendant under the felony provisions of the assault and battery statute, the Court of Appeals erred in remanding the case for a new trial, instead of simply remanding the case for a new sentencing proceeding on the lesser included offense for which the petitioner was validly convicted.
Accordingly, the petition is granted as to assignment of error III, that part of the judgment of the Court of Appeals remanding the case for a new trial is reversed, and the case is remanded to the Court of Appeals with instruction to remand to the trial court for a new sentencing proceeding on the lesser-included offense of assault and battery, a Class 1 misdemeanor.
Justices KEENAN and LEMONS did not participate in the consideration of this case.
This order shall be published in the Virginia Reports and shall be certified to the Court of Appeals of Virginia and the Circuit Court of the City of Norfolk.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.