ESPARZA v. COM.

Record No. 2602-97-1.

513 S.E.2d 885 (1999)

29 Va. App. 600

Robert Alex ESPARZA v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Norfolk.

April 27, 1999.


Attorney(s) appearing for the Case

Edward W. Webb, Assistant Public Defender (Office of the Public Defender, on brief), for appellant.

Richard B. Smith, Assistant Attorney General (Mark L. Earley, Attorney General, on brief), for appellee.

Present: BENTON and ANNUNZIATA, JJ., and OVERTON, Senior Judge.


ANNUNZIATA, Judge.

At a hearing to determine whether the suspended portion of his sentence should be revoked, Robert Alex Esparza ("appellant") moved the court to reduce his "period of active incarceration to time served." The court refused to entertain appellant's motion on its merits, stating that it had no authority to grant the motion because appellant was sentenced in accordance with an accepted plea agreement. Appellant appeals the court's refusal to hear his...

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