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Dunham v. Commonwealth
120465 Dunham v. Commonwealth 11/01/2012 Appeal from a sentencing order entered in 2010 amounted to a collateral attack on a 1998 sentencing order in a felony prosecution that was final and not appealed and th…
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120465 Dunham v. Commonwealth 11/01/2012 Appeal from a sentencing order entered in 2010 amounted to a collateral attack on a 1998…
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- Supreme Court of Virginia
- First added here
- October 4, 2026
- Last entry
- November 1, 2012
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120465 Dunham v. Commonwealth 11/01/2012 Appeal from a sentencing order entered in 2010 amounted to a collateral attack on a 1998 sentencing order in a felony prosecution that was final and not appealed and that imposed a 14-year period of suspension of sentence upon good behavior. In a criminal case, collateral attack on a prior extension of a period of suspended sentence is not permissible. Consistent with the requirements of Code § 19.2-306(A), the 2010 sentence suspension took place within the 14-year period previously ordered. Therefore, the trial court did not err in revoking appellant's suspended sentence in 2010 and resuspending it for an extended period. The judgment is affirmed.
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· Supreme Court of Virginia
Affirmed
The court's record, as written
120465 Dunham v. Commonwealth 11/01/2012 Appeal from a sentencing order entered in 2010 amounted to a collateral attack on a 1998 sentencing order in a felony prosecution that was final and not appealed and that imposed a 14-year period of suspension of sentence upon good behavior. In a criminal case, collateral attack on a prior extension of a period of suspended sentence is not permissible. Consistent with the requirements of Code § 19.2-306(A), the 2010 sentence suspension took place within the 14-year period previously ordered. Therefore, the trial court did not err in revoking appellant's suspended sentence in 2010 and resuspending it for an extended period. The judgment is affirmed.
Outcome words in this text: affirmed.
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