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V★TE FILESUnited States edition
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State court of last resort · ST-VA-SC

Burnham v. Commonwealth

No. 181096Supreme Court of Virginia

181096 Burnham v. Commonwealth 10/31/2019 In a jurisdictional challenge concerning revocation of a defendant's two suspended sentences, one for a felony and the other for a misdemeanor, the trial court could p…

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181096 Burnham v. Commonwealth 10/31/2019 In a jurisdictional challenge concerning revocation of a defendant's two suspended sent…

At a glance
Court
Supreme Court of Virginia
First seen
Oct 4, 2026
Last entry
Oct 31, 2019
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Docket entry

181096 Burnham v. Commonwealth 10/31/2019 In a jurisdictional challenge concerning revocation of a defendant's two suspended sentences, one for a felony and the other for a misdemeanor, the trial court could properly revoke and re-suspend the defendant's felony sentence, but erred in doing the same for his misdemeanor conviction. The applicable conviction order did not specify a period of suspension of the sentence for either the felony or the misdemeanor. Regarding the felony conviction, the crimes upon which the revocation was based (possession of cocaine) were committed well within the maximum 10-year period of suspension applicable under Code §§ 19.2-306 and 18.2-10, and they constitute…

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