PEYTON v. COM.

Record No. 032464.

604 S.E.2d 17 (2004)

268 Va. 503

Tyrone Orlando PEYTON v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

November 5, 2004.


Attorney(s) appearing for the Case

Steven D. Benjamin (Betty Layne DesPortes, Benjamin & DesPortes, on briefs), Richmond, for appellant.

Michael T. Judge, Asst. Atty. Gen. (Jerry W. Kilgore, Atty. Gen., on brief), for appellee.

Present: HASSELL, C.J., LACY, KEENAN, KOONTZ, LEMONS, and AGEE, JJ., and CARRICO, Senior Justice.


LAWRENCE L. KOONTZ, JR., Justice.

In this appeal, we consider whether the Court of Appeals of Virginia erred in determining that a trial court did not abuse its discretion in revoking the suspended sentence of a defendant who had been placed in an alternative sentencing program pursuant to Code § 19.2-316.2, but was unable to complete the program due to an unforeseen medical condition.

BACKGROUND

The material facts are not in dispute. On April...

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