Supreme Court of Virginia

Commonwealth v. Delaune

December 14, 2023

Summary

The Supreme Court of Virginia affirmed the Court of Appeals, holding that the Attorney General is bound by the Commonwealth’s Attorney’s election to apply the newly enacted Code § 19.2-306.1 and that the circuit court exceeded the statutory limit on active incarceration for technical violations, which is capped at fourteen days. The Court applied de novo review to the statutory interpretation and affirmed the lower courts’ judgment.