Alysia Anne Langen v. Commonwealth of Virginia, 0745161

Alysia Anne Langen was convicted (March 26, 2014) of grand larceny and larceny with intent to sell or distribute; total restitution ordered: $47,000. Sentences were largely suspended conditioned on good behavior or until restitution paid in full. Probation supervised for two years.
Sentencing orders stated the Probation Officer would monitor restitution payments; written orders did not include a detailed payment schedule.
A Major Violation Report (Mar. 8, 2016) showed a $46,070 restitution balance and noted past monthly payment amounts ($75–$80 reduced to $40 temporarily during convalescence); it did not specify when payments were due or which payments were missed.
Revocation hearing (Apr. 11, 2016): probation officer testified about transient residences and suggested higher payments could be required; appellant’s counsel asserted Langen was making required payments per the officer’s directions. The probation agreement/payment plan was not admitted into evidence.
Circuit court revoked suspended sentences and later resuspended them with indefinite probation tied to restitution; the Court of Appeals reversed (Apr. 11, 2017), holding the record lacked evidence of an "unreasonable" failure to pay restitution and remanded.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether evidence was sufficient to revoke suspended sentences for failure to pay restitution	Langen: no requirement to pay full restitution within two years; she was making payments required by probation officer	Commonwealth: Langen had largely not paid restitution and thus unreasonably failed to comply with suspension conditions	Court: Reversed revocation — insufficient evidence of an unreasonable failure to pay; payment plan not in record and no proof of missed required payments

Beasley v. Commonwealth, 60 Va. App. 381 (2012) (appellate review considers evidence in light most favorable to the Commonwealth)
Riner v. Commonwealth, 268 Va. 296 (2004) (standard for reviewing evidence when Commonwealth prevailed below)
Jacobs v. Commonwealth, 61 Va. App. 529 (2013) (trial court revocation findings reviewed for abuse of discretion)
Davis v. Commonwealth, 12 Va. App. 81 (1991) (same standard for revocation appeals)
Alsberry v. Commonwealth, 39 Va. App. 314 (2002) (trial court may revoke suspended sentence for sufficient cause)
Duff v. Commonwealth, 16 Va. App. 293 (1993) (only an "unreasonable" failure to pay restitution may justify revocation under § 19.2-305.1(E))