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THOMAS v. COMMONWEALTH

Record No. 0477-22-2.

886 S.E.2d 772 (2023)

77 Va. App. 613

Calvin Wayne THOMAS v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Richmond.

May 9, 2023.

Attorney(s) appearing for the Case

Paul C. Galanides ( Owen I. Conway ; Owen I. Conway, PLLC, on brief), for appellant.

Susan Hallie Hovey-Murray , Assistant Attorney General ( Jason S. Miyares , Attorney General, on brief), for appellee.

Present: Chief Judge Decker, Judges Huff and Callins.

Calvin Wayne Thomas appeals the trial court's imposition of a term of active incarceration following the revocation of his probation and suspended sentence for aggravated sexual battery in violation of Code § 18.2-67.3. He contends the trial court erred by concluding that his uses of alcohol and marijuana...

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