THE CIRCUIT COURT OF STAFFORD COUNTY Victoria A.B. Willis,
Carrico, Assistant Public Defender, for appellant.
A. Darron, Senior Assistant Attorney General (Mark R.
Herring, Attorney General, on brief), for appellee.
Present: Judges Petty, Malveaux and Senior Judge Annunziata
Argued at Alexandria, Virginia
WILLIAM G. PETTY JUDGE
2017, Michael Sean Green was found in violation of the
conditions of his suspended sentence on a 1993 arson
conviction. The trial court revoked his nine-year suspended
sentence. On appeal, Green argues that the "[t]rial
[c]ourt erred in finding that it had jurisdiction to revoke
Green's nine year suspended sentence relating to his 1993
arson conviction because that 10-year period of suspension
had expired." For the reasons stated below, we agree and
reverse the judgment of the trial court.
appeal, we review the evidence in the light most favorable to
the Commonwealth, granting to it all reasonable inferences
fairly deducible therefrom." Wells v.
Commonwealth, 65 Va.App. 722, 725, 781 S.E.2d 362, 364
(2016) (quoting Martin v. Commonwealth, 4 Va.App.
438, 443, 358 S.E.2d 415, 418 (1987)).
December 14, 1993, Green pleaded guilty to one count of
felony arson pursuant to Code § 18.2-81. The trial court
sentenced Green to ten years of confinement with nine years
suspended "on the condition that the defendant keep the
peace and be of good behavior and violate no criminal laws of
the Commonwealth or of any other jurisdiction of the United
States for a period of ten (10) years." The trial court
further conditioned that "[u]pon the defendant's
release from confinement, he is to be placed on active
supervised probation under the Probation Officer of this
[c]ourt for the term of suspension for a period of time
deemed appropriate by the [c]ourt." Green was also
required to pay restitution, court costs, and attorney's
to his release from confinement on the arson conviction,
Green was convicted of unrelated offenses that he committed
prior to December 14, 1993. Green was sentenced to a total of
fifty-four years in prison. Green was eligible for parole,
however, and was released from incarceration on November 7,
2014. He was on concurrent parole supervision for the
unrelated offenses and supervised probation for the arson
conviction. On June 8, 2015, a capias for violation of a
probation order was issued for Green's arrest. The major
violation report regarding his probation alleged that Green
was in violation of his probation for events that occurred in
May of 2015. The report alleged that he failed to report to
his probation officer that he was charged with reckless
driving, he admitted to being in possession of prohibited
sexual video content, and he absconded.
was arrested, and he moved to dismiss the violation pursuant
to Code § 19.2-306. The trial court denied Green's
motion and ordered him to serve the remaining nine years of
his suspended sentence on the arson conviction.
argues that the period of suspension on his arson conviction
expired in 2003, when his period of good behavior concluded.
Accordingly, Green argues that the trial court lacked
jurisdiction to revoke and impose the previously suspended
portion of his sentence for violations that occurred after
his release from prison in 2014. We agree.
"[a]bsent an abuse of discretion, [this Court] will not
reverse a trial court's revocation of a suspended
sentence under Code § 19.2-306." Leitao v.
Commonwealth, 39 Va.App. 435, 438, 573 S.E.2d 317, 319
(2002). However, the "authority of the trial
court to revoke [an] appellant's suspended sentence is
one of statutory interpretation and presents a pure question
of law, which this Court reviews de novo."
Wilson v. Commonwealth, 67 Va.App. 82, 88-89, 793
S.E.2d 15, 18 (2016) ...