19.2-401 - Cross appeal; when allowed; time for filing. - Virginia Statutes

§ 19.2-401. Cross appeal; when allowed; time for filing.

The defendant shall have no independent right of appeal pursuant to §19.2-398. If the Commonwealth appeals, the defendant may cross appeal fromany orders from which the Commonwealth may appeal, pursuant to § 19.2-398.The defendant shall be under no obligation to defend an appeal filed by theCommonwealth. However, when an appeal is taken by the Commonwealth, and thedefendant wishes to defend or cross appeal, the circuit court shall, wherethe defendant is indigent, appoint counsel to represent the defendant onappeal. The remuneration to be awarded appointed counsel shall be governed by§ 19.2-326.

In pretrial appeals, the defendant shall file a notice of cross appeal withthe clerk of the circuit court within seven days following the notice ofappeal filed by the Commonwealth.

Any brief on cross appeal shall be consolidated with the defendant's brief asappellee, if any.

(1987, c. 710; 2003, c. 109.)