Dale Chester Bolesta v. Commonwealth of Virginia

OVERTON, Judge.

Dale Chester Bolesta (defendant) appeals the decision of the Circuit Court of the City of Virginia Beach revoking the suspension of his seven year sentence arising from his conviction for cocaine possession with intent to distribute. He claims that a March 1993 revocation and re-suspension of that sentence was void because it occurred outside of the statutory time limit set by Code § 19.2-306. Because we agree that the revocation and re-suspension violated the statute, we reverse.

The facts in this case are undisputed. On March 20, 1984 defendant was found guilty of possession…