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BOLESTA v. COM.

Record No. 2842-96-1.

495 S.E.2d 531 (1998)

26 Va. App. 503

Dale Chester BOLESTA v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Norfolk.

February 3, 1998.

Attorney(s) appearing for the Case

Theresa B. Berry (Samford & Berry, P.C., on brief), Virginia Beach, for appellant.

(Richard Cullen, Attorney General; John K. Byrum, Assistant Attorney General, on brief), for appellee.

Present: BAKER, BRAY and OVERTON, JJ.

OVERTON, Judge.

Dale Chester Bolesta (defendant) appeals the decision of the Circuit Court of the City of Virginia Beach revoking the suspension of his seven year sentence arising from his conviction for cocaine possession with intent to distribute. He claims that a March 1993 revocation and re-suspension of that sentence was void because it occurred outside of the statutory time limit set by Code § 19.2-306. Because we agree that the revocation and resuspension...

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