Dorothy Elizabeth Cilwa v. Commonwealth of Virginia, 0481154

Dorothy Cilwa pled guilty to two counts of grand larceny and was sentenced on January 28, 2010 to two concurrent 2-year terms, with 1 year and 1 month of each suspended for three years and two years of supervised probation after release.
On January 27, 2012 the trial court found Cilwa in violation, imposed 90 days on each suspended sentence (concurrent), and on February 13, 2012 extended her probation for two years.
The February 13, 2012 order did not expressly re-suspend the remaining unserved ten months or expressly extend the original three-year suspension period that began January 28, 2010.
A bench warrant alleging a new probation violation issued June 9, 2014; Cilwa was served February 5, 2015 and a revocation hearing occurred February 20, 2015, at which the court found a violation and revoked probation.
Cilwa appealed, arguing the trial court lacked jurisdiction to revoke/sentence because the three-year suspension period expired January 28, 2013, and also challenging service/notice; the Court of Appeals reversed for lack of jurisdiction.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether trial court had jurisdiction in Feb 2015 to revoke suspension and impose suspended sentence	Cilwa: the three-year suspension from Jan 28, 2010 expired Jan 28, 2013, so court had no jurisdiction to revoke in 2015	Commonwealth: the Feb 13, 2012 order implicitly re-imposed and re-suspended remaining sentence and implicitly extended the suspension period when it extended probation	Held: Court lacked jurisdiction; suspension period expired Jan 28, 2013 and probation extension did not extend suspension period; reversal and dismissal
Whether appellant was properly noticed/served for alleged new criminal charges leading to revocation	Cilwa: service/notice insufficient under Code and due process	Commonwealth: service/notice was proper	Held: Court did not reach this assignment because case was resolved on lack of jurisdiction

Harris v. Commonwealth, 274 Va. 409, 650 S.E.2d 89 (2007) (standard of review for statutory construction questions)
Leitao v. Commonwealth, 39 Va. App. 435, 573 S.E.2d 317 (2002) (absence of explicit re-suspension may be treated as implicit re-suspension of unserved balance)
Jacobs v. Commonwealth, 61 Va. App. 529, 738 S.E.2d 519 (2013) (related principles on implicit re-suspension and probation)
Carbaugh v. Commonwealth, 19 Va. App. 119, 449 S.E.2d 264 (1994) (probation and suspension are distinct; expiration of suspension period ends court's power to revoke)