Asby v. Commonwealth

I concur in Part I and Part 11(B) of the majority opinion. For the reasons stated below, I also concur in Part 11(A). I dissent from Part 11(C).

I

Paul Trevor Asby challenges the Commonwealth’s violation of his statutory right to have both parents notified at the time of his trial of criminal charges filed against him as provided by Code § 16 .1-263 and Baker v. Commonwealth, 28 Va.App. 306, 504 S.E.2d 394 (1998), aff'd, 258 Va. 1, 516 S.E.2d 219 (1999). Citing Virginia Department of Corrections v. Crowley, 227 Va. 254, 263, 316 S.E.2d 439, 443-44 (1984), the Commonwealth contends we lack…