970464 Hohman v. Commonwealth 11/14/1997 The trial court did not err when it imposed a jail sentence on the defendant who had not appeared for trial, had not entered a plea to the charge and had not w

State: Virginia

Court: Supreme Court

Docket No: 970464

Case Date: 11/14/1997

Plaintiff: 970464 Hohman

Defendant: Commonwealth 11/14/1997 The trial court did not err when it imposed a jail sentence on the defendan

Preview:VIRGINIA: In the Supreme Court of Virginia held at the Supreme Court Building in the City of Richmond on Friday, the 14th day of November, 1997. Thomas Franklin Hohman, against Record No. 970464 Court of Appeals No. 0815-95-4 Appellee. Appellant,

Commonwealth of Virginia,

Upon an appeal from a judgment rendered by the Court of Appeals of Virginia on the 31st day of December, 1996.

Upon consideration of the record, briefs, and argument of counsel, the Court is of opinion that there is no error in the judgment appealed from. Accordingly, for the reasons stated in

the memorandum opinion of the Court of Appeals, dated December 31, 1996, the judgment is affirmed. The appellant shall pay to the

Commonwealth of Virginia thirty dollars damages. It is ordered that the Circuit Court of Stafford County allow counsel for the appellant a fee of $625 for services rendered the appellant on this appeal, in addition to counsel's costs and

necessary direct out-of-pocket expenses. The Commonwealth shall recover of the appellant the amount paid court-appointed counsel to represent him in this proceeding, counsel's costs and necessary direct out-of-pocket expenses, and the fees and costs to be assessed by the clerk of this Court and the clerk of the court below. Justice Koontz took no part in the consideration of this case.

________________________ JUSTICE KEENAN, with whom JUSTICE LACY joins, dissenting: I would hold that the language of Code

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