Opinion
49382 Record Nos. 930224, 930507 and 930602
November 23, 1993
ORDER
VIRGINIA:
In the Supreme Court of Virginia held at the Supreme Court Building in the City of Richmond on Tuesday the 23rd day of November, 1993.
Upon Petitions for Writs of Habeas Corpus
Upon consideration of the petitions for writs of habeas corpus filed herein, the briefs, and the argument of counsel, the Court is of opinion that the said writs should not issue as prayed. Because eligibility for parole cannot be determined until after the time of conviction and sentencing, the petitioners did not qualify before that time as "prisoner[s] not eligible for parole" within the meaning of Code Sec. 53.1-116 and, therefore, were not eligible to earn good conduct credit pursuant to the said Code section at the rate of one day for each one day served while confined in jail prior to conviction and sentencing.
Accordingly, it is ordered that the said petitions be denied, and that counsel for the petitioners be allowed $725 for services rendered the petitioners, in addition to counsel's costs and necessary direct out-of-pocket expenses.
The Commonwealth shall recover of the petitioners the amount paid court-appointed counsel to represent them in this proceeding, counsel's costs and necessary direct out-of-pocket expenses, and the fees and costs to be assessed by the clerk of this Court.
A Copy, Teste: David B. Beach Clerk
Costs due the Commonwealth by petitioners in Supreme Court of Virginia
Filing fees $ 75.00 Attorney's fee 725.00 plus his costs and expenses