SMITH v. COM.

Record No. 0395-07-1.

660 S.E.2d 691 (2008)

52 Va. App. 26

James Derrell SMITH v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Chesapeake.

May 20, 2008.


Attorney(s) appearing for the Case

Ben Pavek (Office of the Public Defender, on briefs), for appellant.

Eugene Murphy, Senior Assistant Attorney General (Robert F. McDonnell, Attorney General, on brief), for appellee.

Present: KELSEY, HALEY and BEALES, JJ.


KELSEY, Judge.

James Derrell Smith pled guilty to various charges of burglary and grand larceny. At his sentencing hearing, the Commonwealth presented written statements from victims stating their opinion on the value of the property stolen by Smith. On appeal, Smith argues that the sentencing court erred by relying on these statements in setting the amount of restitution. We disagree and affirm.

I.

During a three-month crime spree, Smith burglarized...

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