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State court of last resort · ST-VA-SC
Peyton v. Commonwealth
No. 032464Supreme Court of Virginia
032464 Peyton v. Commonwealth 11/05/2004 The trial court abused its discretion in revoking the suspended sentence of a defendant who had been placed in an alternative sentencing program pursuant to Code § 19.2…
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032464 Peyton v. Commonwealth 11/05/2004 The trial court abused its discretion in revoking the suspended sentence of a defendant …
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- Supreme Court of Virginia
- First added here
- October 4, 2026
- Last entry
- November 5, 2004
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032464 Peyton v. Commonwealth 11/05/2004 The trial court abused its discretion in revoking the suspended sentence of a defendant who had been placed in an alternative sentencing program pursuant to Code § 19.2-316.2 and who was unable to complete that program due to an unforeseen medical condition. Such inability cannot reasonably be considered willful behavior on defendant's part. The judgment of the Court of Appeals affirming the trial court's revocation of defendant's suspended sentence is reversed and the case remanded for further proceedings.
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ReversedAffirmedRemanded
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032464 Peyton v. Commonwealth 11/05/2004 The trial court abused its discretion in revoking the suspended sentence of a defendant who had been placed in an alternative sentencing program pursuant to Code § 19.2-316.2 and who was unable to complete that program due to an unforeseen medical condition. Such inability cannot reasonably be considered willful behavior on defendant's part. The judgment of the Court of Appeals affirming the trial court's revocation of defendant's suspended sentence is reversed and the case remanded for further proceedings.
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