VIRGINIA:

 In the Supreme Court of Virginia held at the Supreme Court 

Building in the City of Richmond on Thursday, the 17th day of 

January, 2002. 

Aaron E. Williams, Appellant, 

 against Record No. 012417 

 Circuit Court Nos. CR0000183-00 

 and CR00001893-02 

Commonwealth of Virginia, Appellee. 

 Upon an order of transfer entered by the Court of Appeals 

of Virginia on the 30th day of October, 2001. 

 Upon consideration of the record, briefs, and argument of 

counsel, the Court is of opinion that there is error in the order of 

the Court of Appeals transferring the present appeal to this Court 

under Code § 8.01-677.1. 

 Code § 17.1-406(A) gives the Court of Appeals appellate 

criminal jurisdiction over "any final conviction in a circuit court 

of . . . a crime." Williams' request to withdraw his guilty pleas 

under Code § 19.2-296 after the final order of conviction had been 

entered constituted, in part, a request that the circuit court set 

aside the judgment of conviction. 

 Under Code § 19.2-296, a circuit court may set aside a 

conviction and permit withdrawal of a guilty plea within 21 days 

after entry of the final judgment order during the period the court 

retains jurisdiction over the judgment of conviction. Because a 

motion to withdraw a guilty plea under Code § 19.2-296 is designed 
by statute to be filed and disposed of while the circuit court 

retains jurisdiction over the case, the motion is criminal in 

nature. Such motion does not challenge the jurisdiction of the 

circuit court, as did the motion to vacate filed in Commonwealth v. 

Southerly, 262 Va. 294, 299, 551 S.E.2d 650, 653 (2001). Thus, 

Williams' appeal is subject to the criminal appellate jurisdiction 

of the Court of Appeals under Code § 17.1-406(A). Southerly, 262 

Va. at 299, 551 S.E.2d at 653. 

Accordingly, the transfer order of the Court of Appeals is 

reversed and the case is returned to the Court for consideration of 

Williams' appeal. 

It is ordered that the Circuit Court of the City of Norfolk 

allow counsel for the appellant a fee of $725 for services rendered 

the appellant on this appeal, in addition to counsel’s costs and 

necessary direct out-of-pocket expenses. 

This order shall be certified to the Court of Appeals of 

Virginia and to the Circuit Court of the City of Norfolk and shall 

be published in the Virginia Reports. 

JUSTICE KEENAN, dissenting. 

I would hold that this Court, rather than the Court of Appeals, 

has jurisdiction over Williams’ appeal. The language of Code § 

17.1-406(A), which establishes the Court of Appeals’ criminal 

appellate jurisdiction, “is restrictive, limiting [that 

jurisdiction] to appeals from final criminal convictions and from 
action on motions filed and disposed of while the trial court 

retains jurisdiction over the case.” Southerly, 262 Va. at 299, 551 

S.E.2d at 653. Williams’ motion to withdraw his guilty pleas, which 

was filed more than two months after his conviction, was neither an 

appeal from a criminal conviction nor a motion filed and disposed of 

during the 21-day period that the circuit court retained 

jurisdiction over his conviction. Because the present case also is 

not an appeal from a civil matter within the Court of Appeals’ 

jurisdiction, see Code § 17.1-405, that Court lacks jurisdiction to 

consider Williams’ appeal. 

Upon review by this Court, I would affirm the circuit court’s 

judgment. Williams’ motion to withdraw his guilty pleas was 

untimely because it was not filed and resolved within the 21-day 

period that the circuit court retained jurisdiction over his 

conviction. See Code § 19.2-296; Rule 1:1. 

 A Copy, 

 Teste: 

 David B. Beach, 

 Clerk