Burnham v. CommonwealthAnnotate this Case
In this case involving the revocation of two suspended sentences, one for a felony and the other for a misdemeanor, the Supreme Court affirmed in part and reversed in part the judgment of the trial court revoking and re-suspending the remaining portions of Defendant's sentences, holding that the trial court could revoke and re-suspend Defendant's felony sentence but erred in doing the same for Defendant's misdemeanor conviction.
Defendant's original sentencing order imposed suspended sentences for his offenses, placed Defendant on supervised probation and contained an express condition that Defendant be of good behavior. A subsequent probation revocation order concerning the same offenses did not contain an express good behavior requirement. After Defendant was discharged from probation, the trial court issued a show-cause order based on new felony convictions. Defendant moved to dismiss, arguing that the later probation revocation order superseded the original sentencing order. The trial court rejected the argument. The Supreme Court held (1) the later order, by failing to mention a requirement of good behavior, did not eliminate that requirement altogether; and (2) by operation of Va. Code 19.2-306, Defendant could not have the misdemeanor portion of his suspended sentence revoked following an order to show cause that was issued after the one-year period of suspension had ended.