Suspended Hopewell councilman seeking appeal for felony conviction

HOPEWELL, Va. (WRIC) -- Suspended Hopewell city councilman Dominic Holloway, who was found guilty of felony embezzlement of public funds, is seeking to appeal his conviction.

A few days after his sentencing on Sept. 2, Holloway filed a notice of appeal at the Charles City County Circuit Court where his trial was held. Holloway was tried back in July for using a city credit card to cater a private family event for more than $600.

Holloway represented Hopewell's seventh ward, but was suspended from the counsel following the verdict. His seat has since been filled, but he could return to the council if his conviction is overturned. Once he exhausts his appeals, he forfeits the role permanently.

The Virginia Court of Appeals case search shows it has received his notice to appeal. Legal analyst Russ Stone said now, Holloway and his attorney must prove to the court an error was made in his trial.

"They [the court of appeals] have the ability, if they think that the error is so serious as though, for instance, the evidence was not sufficient," Stone said. "They have the ability to just dismiss it completely. However, more likely, if they find that there was a procedural error or a technical error and it was significant enough to make a difference, they can just sent the case back for another trial in front of the Circuit Court."

The Virginia Court of Appeals case search shows a hearing has not yet been scheduled.