Johnson-Bey v. Commonwealth

Syllabus

11/27/2024 After five probation violation proceedings following a 2003 conviction for a drug offense, the Court of Appeals correctly rejected a defendant's argument that Code § 19.2-303.1 and Code § 19.2-306, effective in 2021, stripped the circuit court of jurisdiction to enter an order revoking its previous 2019 order re-suspending his sentence. On this record, defendant cannot rebut the presumption against retroactive application of the 2021 amendments. Nor can the relief he seeks be justified by construing these amendments as having a prospective application only, or as affecting only procedural matters. The judgment of the Court of Appeals upholding the circuit court's 2022 order is affirmed.