Bea v. Commonwealth

Opinion

DUFF, J.

In this appeal, we are called upon to decide whether a provision of Code § 16.1-269(E), requiring a circuit court to render a decision within twenty-one days, either remanding the case to the juvenile court or permitting the Commonwealth to seek an indictment, is jurisdictional or procedural. Finding that the provision is mandatory and that the circuit court never acquired jurisdiction of the accused, we vacate its judgment and remand for further proceedings if the Commonwealth be so advised.

On July 18, 1990, a petition was issued against Charles Bea charging him with…