Derrick Eugene Baldwin v. Commonwealth of VA ( 2002 )

COURT OF APPEALS OF VIRGINIA
Present: Judges Willis, Bumgardner and Agee
Argued by teleconference
DERRICK EUGENE BALDWIN
MEMORANDUM OPINION * BY
v. Record No. 2722-00-3 JUDGE RUDOLPH BUMGARDNER, III
MAY 7, 2002
COMMONWEALTH OF VIRGINIA
FROM THE CIRCUIT COURT OF THE CITY OF ROANOKE
Robert P. Doherty, Jr., Judge
Randy V. Cargill (Magee, Foster, Goldstein &
Sayers, P.C., on brief), for appellant.
Robert H. Anderson, III, Senior Assistant
Attorney General (Mark L. Earley, Attorney
General, on brief), for appellee.
The trial court revoked Derrick Eugene Baldwin's suspended
sentence and sentenced him to seven years in prison. It
re-suspended four years on the condition that he complete two
years probation upon his release and pay court costs. The
defendant contends the trial court lacked jurisdiction to revoke
his suspended sentence. For the following reasons, we affirm.
On July 9, 1996, the defendant was convicted of possession
of cocaine with intent to distribute and sentenced to seven
* Pursuant to Code § 17.1-413, this opinion is not
designated for publication.
years in prison. 1 The trial court suspended the entire sentence
but prescribed no period of suspension. It suspended three
years on the condition that the defendant complete the Detention
Center Incarceration Program and that he complete two years of
probation upon release from incarceration. The defendant
entered and completed the detention program December 20, 1996.
His period of probation ran through December 20, 1998.
In the spring of 1998, the defendant's probation officer
requested a show cause order because of subsequent convictions
and other probation violations. The trial court issued a capias
for the defendant's arrest on April 24, 1998. It was not served
on the defendant until August 11, 2000. On November 9, 2000,
the trial court found the defendant violated the conditions of
the suspended sentence and of probation, and it revoked his
suspension.
1
The 1996 sentencing order is not a part of the record.
The appendix reflects the trial judge reading from the order as
follows:
In this case it says, "Sentenced to pay
$100 fine, which fine is suspended,
committed to the Department of Corrections
for a period of seven years, to be suspended
after he has served three years, plus costs,
and that three years is further suspended
upon the Defendant's transfer to the
Detention Center, and placed on probation
conditioned that he enter into and
successfully complete the Detention Center
Incarceration Program, successful completion
of the program, successfully complete
probation, be of good behavior," and so on.
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Code § 19.2-306 provides:
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 cause the
defendant to be arrested and brought before
the court . . . within one year after the
maximum period for which the defendant might
originally have been sentenced to be
imprisoned, whereupon, in case the
imposition of sentence has been suspended,
the court may pronounce whatever sentence
might have been originally imposed.
(Emphasis added.)
The original sentence suspended execution of the
defendant's sentence for an unspecified period. Under Code
§ 19.2-306, the trial court could revoke that suspended sentence
during a period of the maximum prescribed sentence plus one
year. Carbaugh v. Commonwealth, 19 Va. App. 119, 123-24, 449
S.E.2d 264, 266 (1994). The maximum sentence for the original
offense was forty years. Code § 18.2-248(C). The trial court's
action occurred well within the prescribed period of forty-one
years. Therefore, the trial court had jurisdiction to act as it
did, and we affirm.
Accordingly, the defendant's argument is without merit, and
the trial court's judgment is affirmed.
Affirmed.
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