16.1-133 - Withdrawal of appeal.
§ 16.1-133. Withdrawal of appeal.
Notwithstanding the provisions of § 16.1-135, any person convicted in ageneral district court, a juvenile and domestic relations district court, ora court of limited jurisdiction of an offense not felonious may, at any timebefore the appeal is heard, withdraw an appeal which has been noted, pay thefine and costs to such court, and serve any sentence which has been imposed.
A person withdrawing an appeal shall give written notice of withdrawal to thecourt and counsel for the prosecution prior to the hearing date of theappeal. If the appeal is withdrawn more than ten days after conviction, thecircuit court shall forthwith enter an order affirming the judgment of thelower court and the clerk shall tax the costs as provided by statute. Finesand costs shall be collected by the circuit court, and all papers shall beretained in the circuit court clerk's office.
Where the withdrawal is within ten days after conviction, no additional costsshall be charged, and the judgment of the lower court shall be imposedwithout further action of the circuit court.
(1956, c. 555; 1973, c. 18; 1974, c. 228; 1979, c. 536; 1982, c. 366; 1983,c. 105; 1990, c. 25.)