Grant v. Com., No. 811421

Docket NºNo. 811421
Citation223 Va. 680, 292 S.E.2d 348
Case DateJune 18, 1982
CourtSupreme Court of Virginia

Page 348

292 S.E.2d 348
223 Va. 680
Jerry Lee GRANT
v.
COMMONWEALTH of Virginia.
Record No. 811421.
Supreme Court of Virginia.
June 18, 1982.

[223 Va. 681] John H. Herbig, Richmond (Harris, Tuck & Freasier, Richmond, on briefs), for appellant.

Richard B. Smith, Asst. Atty. Gen. (Gerald L. Baliles, Atty. Gen., on brief), for appellee.

Before CARRICO, C. J., and COCHRAN, POFF, COMPTON, THOMPSON, STEPHENSON and RUSSELL, JJ.

Page 349

COMPTON, Justice.

[223 Va. 682] In this revocation proceeding in a criminal case, the question is whether the trial court had jurisdiction to sentence the defendant, the imposition of punishment previously having been suspended.

The facts are undisputed. On August 19, 1976, defendant Jerry Lee Grant was found guilty in the court below of receiving stolen property. At the sentencing hearing on September 28, 1976, after review of a probation officer's report, a judge of the trial court entered an order providing:

"[T]he Court doth now, on motion of the defendant, suspend the imposition of sentence in this case conditioned upon the following: that the defendant keep the peace and be of good behavior; that he be placed on supervised probation; that he obtain a GED certificate; that he seek employment part-time while obtaining a GED certificate; that he live with his mother unless his Probation Officer permits otherwise; that he pay $50.00 of the cost of Court in this case by 4:30 o'clock p. m. this day."

Almost two years later, on July 26, 1978, the same trial judge entered another order as follows:

"This day, Joseph E. Lee, State Probation and Parole Officer, having represented to the Court that the said defendant, Jerry Lee Grant, who was on September 28, 1976, placed on probation under supervision of this Officer, has satisfactorily complied with all conditions of probation, it is hereby ordered that the said defendant be released from supervised probation."

About 33 months later, on April 22, 1981, defendant was convicted in the court below of several drug distribution charges. Almost three weeks later, upon motion of the Attorney for the Commonwealth, an order was issued on May 11, 1981, and served on defendant, requiring him to show cause "why his suspended sentence should not be revoked for his failure to comply with the terms and conditions of the judgment of this Court."

On June 2, 1981, defendant was sentenced on the drug charges, and his motion to dismiss the show cause proceeding was denied. The present trial judge entered an order providing:

[223 Va. 683] "Evidence and arguments of counsel having this day been presented as to the matter of possible revocation of the suspended imposition of sentence entered herein on September 28, 1976, pursuant to the said show cause order previously entered, for reasons satisfactory to the Court, the said suspended imposition of sentence is this day revoked, and the Court doth ascertain the defendant's term of confinement in the State Penitentiary at Two Years."

On appeal from the foregoing order, defendant argues that when the court suspends imposition of sentence following a criminal conviction and places a defendant on supervised probation, and by a subsequent order removes the defendant from supervised probation, the trial court does not have jurisdiction to revoke the suspended imposition of sentence unless defendant is arrested and brought before the court within one year from the date he was removed from supervised probation. Relying on Code § 19.2-306, defendant says that because more than one year elapsed from the July 1978 order, releasing him from supervised probation, to the 1981 show cause proceeding, the trial court erroneously revoked the suspended imposition of sentence and incorrectly assessed the two-year penitentiary term.

The foregoing statute provides, in part:

" § 19.2-306. Revocation of suspension of sentence and probation.--The court may, for any cause deemed by it sufficient which occurred at any time within the probation period, or if none, within the period of suspension fixed by the court, or if neither, within the maximum period for which the defendant might originally have been sentenced to be imprisoned, revoke the suspension of sentence and any probation, if the defendant be on probation, and...

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71 practice notes
  • 7-Eleven, Inc. v. Department of Environmental Quality, Record No. 2380-01-2 (Va. App. 12/10/2002), Record No. 2380-01-2.
    • United States
    • Virginia Court of Appeals of Virginia
    • 10 décembre 2002
    ...in a statute are to be construed according to their ordinary meaning, given the context in which they are used." Grant v. Commonwealth, 223 Va. 680, 684, 292 S.E.2d 348, 350 (1982); Loyola Fed. Savings and Loan Ass'n v. Herndon Lumber & Millwork, Inc., 218 Va. 803, 805, 241 S.E.2d 752, 753 ......
  • 7-Eleven, Inc. v. DEQ, Record No. 2380-01-2.
    • United States
    • Virginia Court of Appeals of Virginia
    • 30 décembre 2003
    ...in a statute are to be construed according to their ordinary meaning, given the context in which they are used." Grant v. Commonwealth, 223 Va. 680, 684, 292 S.E.2d 348, 350 (1982); Loyola Fed. Savings and Loan Ass'n v. Herndon Lumber & Millwork, Inc., 218 Va. 803, 805, 241 S.E.2d 752, 753 ......
  • Anderson v. Com., No. 2145-96-1
    • United States
    • Virginia Court of Appeals of Virginia
    • 16 septembre 1997
    ...sentence. The law of Virginia distinguishes the suspension of a sentence from the imposition of probation. See Grant v. Commonwealth, 223 Va. 680, 292 S.E.2d 348 (1982). Code §§ 19.2-303, 19.2-304. However, the conditions imposed in probation and those imposed in the suspension of sentences......
  • Blackwell v. Commonwealth, Record No. 0328-20-2
    • United States
    • 23 février 2021
    ...they are used[,]" City of Virginia Beach v. Bd. of Supervisors, 246 Va. 233, 236, 435 S.E.2d 382 (1993) (quoting Grant v. Commonwealth, 223 Va. 680, 684, 292 S.E.2d 348 (1982) ).Black's Law Dictionary defines "nonconsent" as the "[l]ack of voluntary agreement." Nonconsent, Black's Law Dicti......
  • Request a trial to view additional results
71 cases
  • 7-Eleven, Inc. v. Department of Environmental Quality, Record No. 2380-01-2 (Va. App. 12/10/2002), Record No. 2380-01-2.
    • United States
    • Virginia Court of Appeals of Virginia
    • 10 décembre 2002
    ...in a statute are to be construed according to their ordinary meaning, given the context in which they are used." Grant v. Commonwealth, 223 Va. 680, 684, 292 S.E.2d 348, 350 (1982); Loyola Fed. Savings and Loan Ass'n v. Herndon Lumber & Millwork, Inc., 218 Va. 803, 805, 241 S.E.2d 752, 753 ......
  • 7-Eleven, Inc. v. DEQ, Record No. 2380-01-2.
    • United States
    • Virginia Court of Appeals of Virginia
    • 30 décembre 2003
    ...in a statute are to be construed according to their ordinary meaning, given the context in which they are used." Grant v. Commonwealth, 223 Va. 680, 684, 292 S.E.2d 348, 350 (1982); Loyola Fed. Savings and Loan Ass'n v. Herndon Lumber & Millwork, Inc., 218 Va. 803, 805, 241 S.E.2d 752, 753 ......
  • Anderson v. Com., No. 2145-96-1
    • United States
    • Virginia Court of Appeals of Virginia
    • 16 septembre 1997
    ...sentence. The law of Virginia distinguishes the suspension of a sentence from the imposition of probation. See Grant v. Commonwealth, 223 Va. 680, 292 S.E.2d 348 (1982). Code §§ 19.2-303, 19.2-304. However, the conditions imposed in probation and those imposed in the suspension of sentences......
  • Blackwell v. Commonwealth, Record No. 0328-20-2
    • United States
    • 23 février 2021
    ...they are used[,]" City of Virginia Beach v. Bd. of Supervisors, 246 Va. 233, 236, 435 S.E.2d 382 (1993) (quoting Grant v. Commonwealth, 223 Va. 680, 684, 292 S.E.2d 348 (1982) ).Black's Law Dictionary defines "nonconsent" as the "[l]ack of voluntary agreement." Nonconsent, Black's Law Dicti......
  • Request a trial to view additional results

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