Commonwealth v. Browne (ORDER)

Syllabus

04/11/2024 On an appeal from a judgment rendered by the Court of Appeals of Virginia, the Court is of the opinion that this appeal is moot. At his revocation hearing, the defendant conceded that he violated several conditions of his probation and suspended sentences. This appeal only involves a challenge to the punishment imposed as a consequence of the revocation. Since the defendant has already served the period of active incarceration imposed by the circuit court, this appeal is now moot, notwithstanding the alleged erroneous application of the pertinent provisions of Code § 19.2-306.1. His incarceration cannot be \undone\ by the Court – he cannot be ordered to serve a lesser period of incarceration because he has already served the entire period of incarceration imposed by the circuit court. Furthermore, the circuit court's application of Code § 19.2-306.1 has not caused defendant a continuing injury. The sentencing limitations set forth in Code § 19.2-306.1 only apply to first and second technical violations, and this defendant has already committed more than two technical violations. Thus, the alleged misclassification of the violations at issue in this case can no longer affect him in subsequent revocation proceedings. The defendant's suspended sentences have been revoked based on at least two prior technical violations, thus the sentencing limitations set forth in Code § 19.2-306.1 will no longer apply to him. Therefore, this Court vacates the memorandum opinion and judgment of the Court of Appeals, reinstates the judgment of the circuit court, and dismisses this case.