77369216.1-272Virginia Decodedhttps://vacode.org2016Courts Not Of RecordJuvenile And Domestic Relations District CourtsTransfer And WaiverPower of circuit court over juvenile offenderCode 1950, § 16.1-177; 1956, c. 555; 1977, c. 559; 1994, c. 362; 1996, cc. 755, 914; 2000, c. 793; 2002, c. 511; 2003, c. 584; 2005, c. 590; 2007, c. 460; 2008, c. 517; 2014, cc. 20, 249.Ballard v. Com.Record No. 831519321 S.E.2d 2841984-10-12https://www.courtlistener.com/opinion/1200491/ballard-v-com/ . . . jury has his sentence fixed by the judge, Code § 16.1-272.[2] The question for decision is whether . . . <abbr title="Supreme Court of Virginia">SCV</abbr>Brown v. Com.090161688 S.E.2d 1852010-01-15https://www.courtlistener.com/opinion/1058263/brown-v-com/ . . . should have considered Code § 16.1-272(A)(1) instead of Code § 16.1-272(A)(2) in sentencing . . . <abbr title="Supreme Court of Virginia">SCV</abbr>Bullock v. Com.0145052631 S.E.2d 3342006-07-05https://www.courtlistener.com/opinion/1063213/bullock-v-com/ . . . in the juvenile system under Code §§ 16.1-272(A)(1)(i) or 16.1-272(A)(1)(iii). Defense counsel . . . <abbr title="Court of Appeals">COA</abbr>Kauffmann v. Com.Record No. 0121-87-4382 S.E.2d 2791989-07-11https://www.courtlistener.com/opinion/1200156/kauffmann-v-com/ . . . sentence just as if the child were an adult. Code § 16.1-272. I do not read Code § 18.2-371 to . . . <abbr title="Court of Appeals">COA</abbr>Johnson v. Com.Record No. 1050-89-1404 S.E.2d 3841991-04-30https://www.courtlistener.com/opinion/1348445/johnson-v-com/ . . . law to finding guilt or innocence. See Code § 16.1-272; Ballard v. Commonwealth, 228 Va. 213, 217, . . . <abbr title="Court of Appeals">COA</abbr>Thomas v. Com.Record No. 911850419 S.E.2d 6061992-06-05https://www.courtlistener.com/opinion/1338679/thomas-v-com/ . . . sentenced by the judge in accordance with Code § 16.1-272, part of the juvenile law, or by the jury . . . <abbr title="Supreme Court of Virginia">SCV</abbr>Shackleford v. Com.001795547 S.E.2d 8992001-06-08https://www.courtlistener.com/opinion/1059459/shackleford-v-com/ . . . then pending in the juvenile court. . . . <abbr title="Supreme Court of Virginia">SCV</abbr>Saunders v. Com.0610093692 S.E.2d 2522010-04-27https://www.courtlistener.com/opinion/1062213/saunders-v-com/ . . . trial court had the option, pursuant to Code § 16.1-272, to sentence appellant as a juvenile for . . . <abbr title="Court of Appeals">COA</abbr>Green v. Com.2526971507 S.E.2d 6271998-12-08https://www.courtlistener.com/opinion/1066603/green-v-com/ . . . Nothing in Code § 16.1-272 contradicts this interpretation. Further, Code § 16.1-272 does not . . . <abbr title="Court of Appeals">COA</abbr>Jackson v. Com.0119982512 S.E.2d 8381999-04-06https://www.courtlistener.com/opinion/1066402/jackson-v-com/ . . . court sentenced him pursuant to Code § 16.1-272(A)(2). Code § 16.1-272(A)(2) does not require the . . . <abbr title="Court of Appeals">COA</abbr>Ballard v. Com.Record No. 831519321 S.E.2d 2841984-10-12https://www.courtlistener.com/opinion/1200491/ballard-v-com/ . . . jury has his sentence fixed by the judge, Code § 16.1-272.[2] The question for decision is whether . . . <abbr title="Supreme Court of Virginia">SCV</abbr>Brown v. Com.090161688 S.E.2d 1852010-01-15https://www.courtlistener.com/opinion/1058263/brown-v-com/ . . . should have considered Code § 16.1-272(A)(1) instead of Code § 16.1-272(A)(2) in sentencing . . . <abbr title="Supreme Court of Virginia">SCV</abbr>Bullock v. Com.0145052631 S.E.2d 3342006-07-05https://www.courtlistener.com/opinion/1063213/bullock-v-com/ . . . in the juvenile system under Code §§ 16.1-272(A)(1)(i) or 16.1-272(A)(1)(iii). Defense counsel . . . <abbr title="Court of Appeals">COA</abbr>Kauffmann v. Com.Record No. 0121-87-4382 S.E.2d 2791989-07-11https://www.courtlistener.com/opinion/1200156/kauffmann-v-com/ . . . sentence just as if the child were an adult. Code § 16.1-272. I do not read Code § 18.2-371 to . . . <abbr title="Court of Appeals">COA</abbr>Johnson v. Com.Record No. 1050-89-1404 S.E.2d 3841991-04-30https://www.courtlistener.com/opinion/1348445/johnson-v-com/ . . . law to finding guilt or innocence. See Code § 16.1-272; Ballard v. Commonwealth, 228 Va. 213, 217, . . . <abbr title="Court of Appeals">COA</abbr>Thomas v. Com.Record No. 911850419 S.E.2d 6061992-06-05https://www.courtlistener.com/opinion/1338679/thomas-v-com/ . . . sentenced by the judge in accordance with Code § 16.1-272, part of the juvenile law, or by the jury . . . <abbr title="Supreme Court of Virginia">SCV</abbr>Shackleford v. Com.001795547 S.E.2d 8992001-06-08https://www.courtlistener.com/opinion/1059459/shackleford-v-com/ . . . then pending in the juvenile court. . . . <abbr title="Supreme Court of Virginia">SCV</abbr>Saunders v. Com.0610093692 S.E.2d 2522010-04-27https://www.courtlistener.com/opinion/1062213/saunders-v-com/ . . . trial court had the option, pursuant to Code § 16.1-272, to sentence appellant as a juvenile for . . . <abbr title="Court of Appeals">COA</abbr>Green v. Com.2526971507 S.E.2d 6271998-12-08https://www.courtlistener.com/opinion/1066603/green-v-com/ . . . Nothing in Code § 16.1-272 contradicts this interpretation. Further, Code § 16.1-272 does not . . . <abbr title="Court of Appeals">COA</abbr>Jackson v. Com.0119982512 S.E.2d 8381999-04-06https://www.courtlistener.com/opinion/1066402/jackson-v-com/ . . . court sentenced him pursuant to Code § 16.1-272(A)(2). Code § 16.1-272(A)(2) does not require the . . . <abbr title="Court of Appeals">COA</abbr>http://law.lis.virginia.gov/vacode/16.1-272/16.1-273Court may require investigation of social history and preparation of victim impact statement/16.1-273/16.1-285.1Commitment of serious offenders/16.1-285.1/18.2-361Crimes against nature; penalty/18.2-361/18.2-366Adultery and fornication by persons forbidden to marry; incest/18.2-366/18.2-370Taking indecent liberties with children; penalties/18.2-370/18.2-370.1Taking indecent liberties with child by person in custodial or supervisory relationship; penalties/18.2-370.1/18.2-61Rape/18.2-61/18.2-63Carnal knowledge of child between thirteen and fifteen years of age/18.2-63/18.2-64.1Carnal knowledge of certain minors/18.2-64.1/18.2-67.1Forcible sodomy/18.2-67.1/18.2-67.10General definitions/18.2-67.10/18.2-67.2Object sexual penetration; penalty/18.2-67.2/18.2-67.3Aggravated sexual battery; penalty/18.2-67.3/18.2-67.5Attempted rape, forcible sodomy, object sexual penetration, aggravated sexual battery, and sexual battery/18.2-67.5/19.2-390Reports to be made by local law-enforcement officers, conservators of the peace, clerks of court, Secretary of the Commonwealth and Corrections officials to State Police; material submitted by other agencies/19.2-390/53.1-202.2Eligibility for earned sentence credits/53.1-202.2/9.1-900Purpose of the Sex Offender and Crimes Against Minors Registry/9.1-900//16.1-272/16.1/11/7/16.1-27216.1-285.253.1-202.253.1-63.153.1-66In any case in which a juvenile is indicted, the offense for which he is indicted and all ancillary charges shall be tried in the same manner as provided for in the trial of adults, except as otherwise provided with regard to sentencing. Upon a finding of guilty of any charge, the court shall fix the sentence without the intervention of a jury. Nothing in this subsection shall be construed to require a court to review the results of an investigation completed pursuant to § 16.1-273.sectionAA1 If a juvenile is convicted of a violent juvenile felony, for that offense and for all ancillary crimes the court may order that (i) the juvenile serve a portion of the sentence as a serious juvenile offender under § 16.1-285.1 and the remainder of such sentence in the same manner as provided for adults; (ii) the juvenile serve the entire sentence in the same manner as provided for adults; or (iii) the portion of the sentence to be served in the same manner as provided for adults be suspended conditioned upon successful completion of such terms and conditions as may be imposed in a juvenile court upon disposition of a delinquency case including, but not limited to, commitment under subdivision A 14 of § 16.1-278.8 or § 16.1-285.1.sectionA1A12 If the juvenile is convicted of any other felony, the court may sentence or commit the juvenile offender in accordance with the criminal laws of this Commonwealth or may in its discretion deal with the juvenile in the manner prescribed in this chapter for the hearing and disposition of cases in the juvenile court, including, but not limited to, commitment under § 16.1-285.1 or may in its discretion impose an adult sentence and suspend the sentence conditioned upon successful completion of such terms and conditions as may be imposed in a juvenile court upon disposition of a delinquency case.sectionA2A22 If the juvenile is not convicted of a felony but is convicted of a misdemeanor, the court shall deal with the juvenile in the manner prescribed by law for the disposition of a delinquency case in the juvenile court.sectionA3A32If the circuit court decides to deal with the juvenile in the same manner as a case in the juvenile court and places the juvenile on probation, the juvenile may be supervised by a juvenile probation officer.sectionBB1Whether the court sentences and commits the juvenile as a juvenile under this chapter or under the criminal law, in cases where the juvenile is convicted of a felony in violation of § 18.2-61, 18.2-63, 18.2-64.1, 18.2-67.1, 18.2-67.2, 18.2-67.3, 18.2-67.5, 18.2-370 or 18.2-370.1 or, where the victim is a minor or is physically helpless or mentally incapacitated as defined in § 18.2-67.10, subsection B of § 18.2-361 or subsection B of § 18.2-366, the clerk shall make the report required by § 19.2-390 to the Sex Offender and Crimes Against Minors Registry established pursuant to Chapter 9 (§ 9.1-900 et seq.) of Title 9.1.sectionCC1A juvenile sentenced pursuant to clause (i) of subdivision A 1 shall be eligible to earn sentence credits in the manner prescribed by § 53.1-202.2 for the portion of the sentence served as a serious juvenile offender under § 16.1-285.1.sectionDD1