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2007 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 19.2-409 of the Code of Virginia is amended and reenacted as follows:
§ 19.2-409. Exclusion of pretrial appeal period from time within which accused must be tried; reconsideration of issues after conviction.
This section applies only to pretrial appeals. The provisions
of § 19.2-243 shall not apply to the period of time commencing when the
Commonwealth's notice of pretrial appeal is filed pursuant to this chapter and
ending when 60 days after the Court of Appeals or Supreme Court
issues its mandate disposing of the pretrial appeal. Such finality of the Court
of Appeals' decision shall not preclude a defendant, if he is convicted, from
requesting the Court of Appeals or Supreme Court on direct appeal to reconsider
an issue which was the subject of the pretrial appeal.