Smith v. Commonwealth

In a bench trial, the trial court convicted James Edward Smith, Jr., of unauthorized use of a motor vehicle valued at more than $100. At that time, Code § 18.2-102 classified that offense as a class 6 felony. A class 6 felony is punishable by “a term of imprisonment of not less than one year nor more than five years, or . . . confinement in jail for not more than twelve months and a fine of not more than one thousand dollars, either or both.” Code § 18.2-10(f). The order entered August 22, 1977, upon that conviction provided that “the court . . . doth now . . . suspend the imposition of…