Charlie Luther Wilson, Jr. v. Commonwealth of Virginia
67 Va. App. 82
| Va. Ct. App. | 2016Background
- In 2005 Wilson was sentenced for involuntary manslaughter and being a felon in possession; the court suspended portions of the sentences leaving 5 years, 6 months suspended and ordered probation to begin on release for 12 months and restitution “in the amount to be determined by the Probation Officer.”
- Wilson was released to supervision May 1, 2009, with a scheduled supervised-probation end date of April 23, 2010.
- On July 7, 2010 Wilson signed a voluntary probation-extension agreement with his probation officer; on February 2, 2011 the probation officer requested an indefinite extension to collect restitution, and on February 8, 2011 the circuit court entered an order extending probation until restitution was paid.
- In 2015 probation alleged multiple violations (failure to report an out-of-state arrest, lying about that arrest, positive drug test, leaving Virginia without permission); a revocation hearing was held October 13, 2015 and the court revoked his suspended sentence and ordered 12 months incarceration.
- Wilson appealed, arguing (1) the 2005 restitution order improperly delegated the court’s duty to set restitution and thus later extension/orderings were invalid, and (2) the probation period had expired April 23, 2010 so the court lacked jurisdiction to extend probation in 2011 or to revoke in 2015.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the 2005 restitution order improperly delegated the court’s duty and thus invalidates subsequent orders | Wilson: sentencing order unlawfully delegated restitution amount to probation officer so restitution/order is invalid | Commonwealth: court had jurisdiction; improper delegation makes order voidable not void; collateral attack too late | Court: the 2005 order did illegally delegate restitution determination, but that made the order voidable, not void; Wilson’s collateral attack was untimely and thus fails |
| Whether the circuit court had jurisdiction to extend probation in 2011 or to revoke in 2015 because the probation expired April 23, 2010 | Wilson: probation expired April 23, 2010; the court no longer had active jurisdiction so the 2011 extension and 2015 revocation are invalid | Commonwealth: even if probation lapsed, Code § 19.2-306(A) permits revocation for acts within the period of suspension fixed by the court (five years, six months) | Court: the court lacked active jurisdiction to extend probation in 2011 (the 21-day post-termination window had passed) but retained statutory authority to revoke for causes occurring within the period of suspension; however, the cited violations all occurred after the suspension-period expired (after Nov 1, 2014), so the 2015 revocation was unlawful |
Key Cases Cited
- Robertson v. Commonwealth, 181 Va. 520, 25 S.E.2d 352 (1943) (judgment by a court with jurisdiction is voidable for errors and not automatically void)
- McCullough v. Commonwealth, 38 Va. App. 811, 568 S.E.2d 449 (2002) (restitution amount is set by the sentencing judge and cannot be delegated)
- Dunham v. Commonwealth, 59 Va. App. 634, 721 S.E.2d 824 (2012) (trial court retains subject-matter jurisdiction over revocation where suspension extension was valid)
- Ghameshlouy v. Commonwealth, 279 Va. 379, 689 S.E.2d 698 (2010) (discussion of distinctions between subject-matter and active jurisdiction and required elements for a court to proceed)