THE CIRCUIT COURT OF FAIRFAX COUNTY David Bernhard, Judge
M. Butorac, Public Defender, for appellant.
Victoria Johnson, Assistant Attorney General (Mark R.
Herring, Attorney General, on brief), for appellee.
Present: Chief Judge Decker, Judges Humphreys and Russell
Argued at Leesburg, Virginia
J. HUMPHREYS JUDGE
March 19, 2018, appellant Chancelier Fazili
("Fazili") was indicted in the Circuit Court of
Fairfax County ("circuit court") on one count of
aggravated sexual battery of A.G.K., a child under the age of
thirteen, in violation of Code § 18.2-67.3. The
indictment alleged that the incident occurred on or about
March 28, 2017.
April 4, 2018 Fazili entered a guilty plea pursuant to a
written plea agreement. By order entered on August 9, 2018,
the circuit court sentenced Fazili to twenty years'
imprisonment, with fifteen years suspended for a period of
ten years. As a condition of probation, the court ordered
that Fazili "have no use of any device that can access
internet unless approved by his Probation Officer."
Fazili assigns the following errors on appeal:
I. The trial court abused its discretion by not considering
relevant factors and giving them significant weight and
instead gave significant weight to irrelevant and improper
factors when fashioning the sentence for Mr. Fazili.
II. The trial court erred by ordering that Mr. Fazili
"not use any device that can access the internet unless
approved by his Probation Officer."
A. This probation condition was an error because it violates
Mr. Fazili's First Amendment rights under the United
B. This probation condition was an error because it violates
Virginia Code § 19.2-303 by improperly delegating the
parameters of this special condition to the probation
C. This probation condition was an error because it is an
unreasonable condition of probation.
initially stood charged with object sexual penetration of a
child under the age of thirteen, in violation of Code §
18.2-67.2. However, pursuant to a written plea agreement,
Fazili pleaded guilty to one count of aggravated sexual
battery of a child under the age of thirteen, in violation of
Code § 18.2-67.3. The Commonwealth proffered that the
evidence would show Fazili's sister asked Fazili to
babysit her two children. On March 28, 2017, she came home to
find Fazili in bed with her five-year-old daughter, A.G.K.,
and two-year-old son. A.G.K. was crying and told her mother
"Uncle touched me." She also told a forensic
interviewer that Fazili "put 'an onion' in
her," "that this had happened more than once in her
bedroom," and that "her pants got wet from 'the
onion soup.'" Fazili later admitted that "his
fingers went between the lips of her vagina but were not
fully into the ...