This section applies only to pretrial appeals. The provisions of § 19.2-243 shall not apply to the period of time commencing when the Commonwealth's notice of pretrial appeal is filed pursuant to this chapter and ending 60 days after the Court of Appeals or Supreme Court issues its mandate disposing of the pretrial appeal. Such finality of the Court of Appeals' decision shall not preclude a defendant, if he is convicted, from requesting the Court of Appeals or Supreme Court on direct appeal to reconsider an issue which was the subject of the pretrial appeal.
1987, c. 710; 2003, c. 109; 2007, c. 414.
Structure Code of Virginia
Title 19.2 - Criminal Procedure
Chapter 25 - Appeals by the Commonwealth
§ 19.2-398. When appeal by the Commonwealth allowed
§ 19.2-400. Appeal lies to the Court of Appeals; time for filing notice
§ 19.2-401. Cross appeal; when allowed; time for filing
§ 19.2-402. Petition for appeal; brief in opposition; time for filing
§ 19.2-403. Procedures on petition for pretrial appeal
§ 19.2-404. Procedures on awarded pretrial appeal
§ 19.2-406. Bail pending pretrial appeal
§ 19.2-407. Review by the Supreme Court
§ 19.2-408. Finality of decision of the Court of Appeals in pretrial appeals