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PRESTON v. COM.

Record No. 0493-91-3.

419 S.E.2d 288 (1992)

Sterling Jason PRESTON, Jr., a/k/a Angelica Grant, a/k/a Angel Preston v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia.

June 16, 1992.

Attorney(s) appearing for the Case

Marian Kelley, Asst. Public Defender (Office of the Public Defender, on brief), for appellant.

Marla Lynn Graff, Asst. Atty. Gen. (Mary Sue Terry, Atty. Gen., on brief), for appellee.

Present: BARROW, BENTON and DUFF, JJ.

BENTON, Judge.

Sterling Jason Preston, Jr., appeals from an order of the circuit court revoking a previously suspended prison sentence. Preston contends the trial judge abused his discretion in revoking the suspended sentence. For the reasons that follow, we reverse the revocation order.

I.

On January 24, 1991, Preston was convicted of robbery. The trial judge sentenced him in accordance with a plea agreement "to five years in the penitentiary which...

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