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2000 SESSION

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005061246
HOUSE BILL NO. 723 Offered January 21, 2000 A BILL to amend and reenact § 17.1-408 of the Code of Virginia, relating to notice of appeal to Court of Appeals. ---------- Patron-- Almand ---------- Referred to Committee for Courts of Justice ----------

Be it enacted by the General Assembly of Virginia:

1. That § 17.1-408 of the Code of Virginia is amended and reenacted as follows:

§ 17.1-408. Time for filing; notice; petition.

The notice of appeal to the Court of Appeals shall be filed in every case within the court's appellate jurisdiction as provided in § 8.01-675.3. The petition for appeal in a criminal case shall be filed not more than forty days after the filing of the record with the Court of Appeals. However, a thirty-day extension may be granted in the discretion of the court in order to attain the ends of justice. When an appeal from an interlocutory decree or order is permitted in a criminal case, the petition for appeal shall be presented within the forty-day time limitation provided in this section.