Burfoot v. Commonwealth

FITZPATRICK, Judge.

Anne Marie Burfoot (appellant), a juvenile, was transferred to the circuit court for trial as an adult and was convicted in a bench trial of malicious wounding in violation of Code § 18.2-51. The sole issue on appeal is whether the circuit court erred in exercising jurisdiction over appellant when: (1) the Commonwealth nolle prossed the initial indictment and directly indicted her on the charge without filing a second petition in the juvenile and domestic relations district court, and (2) no additional transfer hearing was conducted. For the reasons that follow, we reverse…