DIAZ v. COM.

Record No. 1374-01-4.

568 S.E.2d 401 (2002)

38 Va. App. 713

Gerardo Ramos DIAZ v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Alexandria.

August 20, 2002.


Attorney(s) appearing for the Case

Seth I. Howard, Assistant Public Defender (Office of the Public Defender, on brief), for appellant.

Michael T. Judge, Assistant Attorney General (Jerry W. Kilgore, Attorney General, on brief), for appellee.

Present: WILLIS, BRAY and ANNUNZIATA, JJ.


WILLIS, Judge.

On appeal from the revocation of the suspension of sentence in his misdemeanor habitual offender case, Gerardo Diaz contends that the trial court erred (1) in holding that he committed a further violation within the period of suspension; and (2) in holding that a circuit court sentencing order pursuant to Code § 16.1-133 relates back to the district court conviction date. For the following reasons, we reverse the judgment of the trial court.

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