Burrell v. Commonwealth

PRESENT: All the Justices KHALIQ JOSHUA BURRELL OPINION BY v. Record No. 111297 JUSTICE WILLIAM C. MIMS March 2, 2012 COMMONWEALTH OF VIRGINIA FROM THE CIRCUIT COURT OF FAIRFAX COUNTY David S. Schell, Judge In this appeal, we consider whether a criminal sentencing order is void ab initio due to a provision stating that the court will reduce the conviction from a felony to a misdemeanor following the defendant’s incarceration and successful completion of probation. BACKGROUND AND PROCEEDINGS BELOW On May 18, 2009, a grand jury returned a bill of indictment charging that Khaliq Joshua Burrell…