Burke v. Commonwealth

ANNUNZIATA, Judge.

Haywood Louis Burke (“appellant”) appeals his conviction of malicious wounding on the ground that his preliminary hearing was improperly held in the juvenile and domestic relations district court (“juvenile court”). Appellant argues the juvenile court did not have jurisdiction to conduct the preliminary hearing because his victim was not a “family or household member” as specified in Code § 16.1-241(J). We find that appellant waived any objection to this defect in procedure because he failed to raise it before trial in the circuit court. Accordingly, we affirm his conviction.