Settle v. Commonwealth

CLEMENTS, Judge.

This case returns to us from the Virginia Supreme Court. By unpublished order, after “[h]aving reviewed the record, briefs, and relevant statutes in the case,” the Supreme Court “is of the opinion that it does not have jurisdiction over the portion of the appeal that was transferred by the Court of Appeals.” Settle v. Commonwealth, No. 100520 (Va. Apr. 7, 2010). The Supreme Court thus transferred the case back to this Court pursuant to Code § 8.01-677.1.

In Settle v. Commonwealth, 55 Va.App. 212, 221, 685 S.E.2d 182, 186 (2009) (Settle I), we concluded Code § 3.1-796.115 “is…