McFarland v. Commonwealth

LARRY G. ELDER, Judge.

Anthony McFarland (appellant) appeals from the decision of the Circuit Court of Hanover County (the trial court) denying his request to remove from the terms of his suspended sentence the condition that he keep the peace and be of good behavior. On appeal, he contends the trial court erroneously concluded it lacked jurisdiction pursuant to Code § 19.2-304 to take the requested action. We hold the trial court correctly ruled it lacked jurisdiction, and we affirm.

I

BACKGROUND

On March 20, 1995, appellant was convicted for one count of possessing a sawed-off shotgun pursuant…