Cheeks v. Commonwealth

COLE, Senior Judge.

William Damond Cheeks was convicted of malicious wounding and use of a firearm in the commission of a felony. On appeal, he contends that the trial court violated Code § 16.1-269 when it conducted a review of the juvenile court transfer hearing on October 27, 1993, without giving him any notice or opportunity to be heard and that such violation requires a remand to the juvenile court. We agree that the hearing without notice violated Cheeks’ due process rights and remand the case to the circuit court. We do not agree with Cheeks’ contention that the case must be remanded to…