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CHARLES v. COM.

Record No. 041919.

613 S.E.2d 432 (2005)

270 Va. 14

Atif CHARLES v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

June 9, 2005.

Attorney(s) appearing for the Case

Joseph R. Winston, Special Appellate Counsel (Virginia Indigent Defense Commission, on briefs), for appellant.

Leah A. Darron, Assistant Attorney General (Judith Williams Jagdmann, Attorney General, on brief), for appellee.

Present: All the Justices.

LACY, Justice.

In this appeal, we consider whether participation in the Detention Center Incarceration Program (the Program), Code § 19.2-316.2, is incarceration and whether a probationer is entitled to credit for time served in the Program when his probation is later revoked.

Facts

On October 16, 1997, Atif A. Charles was sentenced to five years imprisonment with four years suspended following...

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