NUCKLOES v. COM.

Record No. 0048-90-2.

407 S.E.2d 355 (1991)

Jimmie Edward NUCKOLES, s/k/a James Nucklos v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia.

August 6, 1991.


Attorney(s) appearing for the Case

Joseph W. Kaestner (Theodore M. Galanides, Kaestner, Galanides & Spieth, on brief), Richmond, for appellant.

Michael T. Judge, Asst. Atty. Gen. (Mary Sue Terry, Atty. Gen., on brief), for appellee.

Present: BAKER, BENTON and DUFF, JJ.


DUFF, Judge.

The sole issue before this Court is whether a trial court has the authority to impose a period of incarceration as a condition of suspending the execution of a five year penitentiary sentence. We hold that the trial court has such authority and, therefore, we affirm.

Jimmie Edward Nuckoles was convicted of taking indecent liberties with a minor. He was sentenced to five years in the penitentiary, all of which were suspended for a period of twenty...

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