Hess v. Commonwealth

In Hess v. Commonwealth, 17 Va. App. 738, 742, 441 S.E.2d 29, 32 (1994), the Court reversed the trial court's decision to revoke Hess' suspended sentence because the trial judge presiding at the revocation proceeding improperly based his decision to revoke Hess' suspended sentence on unspecified evidence he allegedly heard while presiding at Hess' earlier trial. In that case, we explained: If the presiding judge at the probation revocation hearing also presided at the probationer's criminal prosecution and the judge deems it necessary or desirable to consider evidence or aspects of the earlier criminal proceeding as a basis for revoking probation, the judge may in the exercise of sound discretion consider such evidence, provided that the judge delineates during the evidentiary portion of the revocation proceeding precisely the evidence that is being considered. Id. at 742, 441 S.E.2d at 32.