Visanoukoun Souksengmany v Commonwealth of VA

COURT OF APPEALS OF VIRGINIA
Present: 	Judges Elder, Annunziata and Frank
Argued at Alexandria, Virginia
VISANOUKOUN SOUKSENGMANY
MEMORANDUM OPINION* BY
v. 	Record No. 1641-99-4 	JUDGE LARRY G. ELDER
APRIL 4, 2000
COMMONWEALTH OF VIRGINIA
FROM THE CIRCUIT COURT OF LOUDOUN COUNTY
Thomas D. Horne, Judge
Pamela L. Grizzle (Pamela L. Grizzle, P.C.,
on brief), for appellant.
Michael T. Judge, Assistant Attorney General
(Mark L. Earley, Attorney General, on
brief), for appellee.
Visanoukoun Souksengmany (appellant) appeals from his
convictions for breaking and entering, robbery, and four counts
of abduction, entered on his guilty pleas.1 All offenses
occurred on or about August 20, 1996, when appellant was a
juvenile. 	In 1999, following indictment, conviction, and
sentencing in the circuit court, appellant moved the trial court
to set aside his convictions. 	Citing Baker v. Commonwealth, 28
* Pursuant to Code § 17.1-413, recodifying Code
§ 17-116.010, this opinion is not designated for publication.
1 The Commonwealth filed a motion to transfer this appeal to
the Virginia Supreme Court based on our purported lack of
jurisdiction. 	By order entered January 12, 2000, that motion
was denied, and we give no further consideration to the
Commonwealth's jurisdictional argument.

Va. App. 306, 504 S.E.2d 394 (1998), aff'd, 258 Va. 1, 516
S.E.2d 219 (1999), appellant contended the circuit court lacked
jurisdiction to convict him because he was a juvenile at the
time of the offenses and the record failed to establish that
either he or his mother was served with summonses as required by
Code § 16.1-263.
The resolution of this appeal is controlled by the recent
decision in Moore v. Commonwealth, ___ Va. ___, ___ S.E.2d ___
(2000) (No. 990776). 	See also Carter v. Commonwealth, 31 Va.
App. 393, 394-95, 523 S.E.2d 544, 545 (2000). 	Because the
offenses for which appellant was convicted occurred on or after
July 1, 1996, the amendments to Code § 16.1-269.1 apply. 	See
Moore, ___ Va. at ___, ___ S.E.2d at ___. 	Therefore,
appellant's indictment in the circuit court cured the alleged
defects, and the circuit court properly denied his motion to set
aside the convictions. 	See id.
For these reasons, we affirm the trial court's refusal to
set aside the convictions.
Affirmed.
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