Briggs v. Commonwealth
In Briggs v. Commonwealth, 21 Va. App. 338, 464 S.E.2d 512 (1995), the trial court entered a January 13, 1982 conviction order that suspended imposition of the defendant's sentence for an unspecified period of time.
Because the crime for which the defendant had been convicted carried a maximum sentence of ten years, the suspension period would have expired on January 13, 1992. See Briggs, 21 Va. App. at 341-42, 464 S.E.2d at 513-14.
On November 10, 1983, the trial court in Briggs revoked the suspended imposition of the sentence and sentenced the defendant to ten years in prison with five years suspended for an unspecified period of time.
In July 1994, the trial court conducted another revocation proceeding, but the defendant argued the court lacked jurisdiction, contending that "because the trial court provided no specific period of suspension in either the January 13, 1982 or November 10, 1983 orders, the statutory period of suspension under Code 19.2-306 ran from the date of the first order." Id. at 341, 464 S.E.2d at 513.
In rejecting this argument, the Court held that the effect of the court's November 10, 1993 order was to establish a ten-year suspension period running from the date of the November order.