Richard Dwight Hite, Jr. v Commonwealth

COURT OF APPEALS OF VIRGINIA
Present: 	Judges Willis, Bray and Overton
Argued at Norfolk, Virginia
RICHARD DWIGHT HITE, JR. MEMORANDUM OPINION* BY
v. 	Record No. 2268-95-1 	JUDGE NELSON T. OVERTON
OCTOBER 15, 1996
COMMONWEALTH OF VIRGINIA
FROM THE CIRCUIT COURT OF THE CITY OF WILLIAMSBURG AND
COUNTY OF JAMES CITY
Russell M. Carneal, Judge Designate
Jon M. Babineau for appellant.
John K. Byrum, Jr., Assistant Attorney
General (James S. Gilmore, III, Attorney
General, on brief), for appellee.
Richard Dwight Hite, a juvenile, appeals his convictions of
robbery and use of a firearm in the commission of a robbery.
Hite takes issue primarily with the transfer procedure from the
Juvenile and Domestic Relations Court to the Circuit Court.
Hite argues that the circuit court judge did not review the
documents sent up from the lower court to ensure that they were
properly completed. 	As support for his argument, he offers a
typographical error on one transfer order. 	This contention has
no merit. 	The record contains no evidence that the judge did not
review the documents. 	We cannot reach that conclusion upon the
bare assertion by the defendant. 	Furthermore, Code
§ 16.1-269.6(B)(i) only requires the judge to examine the
*Pursuant 	to 	Code 	§ 	17-116.010 	this 	opinion 	is 	not
designated for publication.

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transfer documents if either the juvenile or the Commonwealth
appeals the transfer. 	Neither occurred in this case.
Hite next argues that the typographical error itself and the
failure of the circuit court to advise the Commonwealth to seek
indictments prohibited the circuit court from assuming
jurisdiction. 	These objections were not raised before the
arraignment, however, and are waived. 	Code § 16.1-169.6(E).
We find no reversible error present in the trial at the
circuit court, and we therefore affirm the convictions.
Affirmed.