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COURT OF APPEALS OF VIRGINIA

Present: Judges Bumgardner, Frank and Humphreys Argued at Richmond, Virginia

TYRIC JAVON WILLIAMS v. Record No. 0792-99-2 OPINION BY JUDGE RUDOLPH BUMGARDNER, III NOVEMBER 14, 2000

COMMONWEALTH OF VIRGINIA

FROM THE CIRCUIT COURT OF THE CITY OF RICHMOND James B. Wilkinson, Judge Anthony G. Spencer (Morchower, Luxton & Whaley, on briefs), for appellant. Marla Graff Decker, Assistant Attorney General (Mark L. Earley, Attorney General; Shelly R. James, Assistant Attorney General, on brief), for appellee.

Tyric Javon Williams, a juvenile, pleaded guilty to second degree murder. to convict him. He contends the trial court lacked jurisdiction Concluding the defendant waived the error he

now asserts when he pled guilty, we affirm. The defendant was charged with committing murder in the first degree on April 29, 1998. The juvenile and domestic

relations district court found probable cause on July 16, 1998, and a grand jury indicted on August 10, 1998. In February 1999,

the Commonwealth recognized the trial court would not have jurisdiction under the ruling in Baker v. Commonwealth, 28 Va. App. 306, 313, 504 S.E.2d 394, 398 (1998), because the

defendant's father had not been notified of the preliminary hearing. While the Baker case was pending before the Supreme Court, 1 the trial court remanded this case to the juvenile court. It

gave the required notice, conducted a new preliminary hearing on February 26, 1999, and certified the case to the circuit court. The grand jury indicted on March 1, 1999, and a jury trial commenced on March 5, 1999. After the Commonwealth presented a

part of its evidence, the defendant moved to change his plea. He unconditionally pled guilty to second degree murder pursuant to a plea agreement, agreed that he had thoroughly discussed the plea with his attorney, and acknowledged that he was waiving his right of appeal. The defendant contends a violation of Code

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