Legal Opinion

Russnak v. Commonwealth

Court of Appeals of Virginia

Decided May 8, 1990No. Record No. 1448-88-2PublishedCited by 25 opinions

1Opinion of the Court

Opinion

BENTON, J.

While on parole, Carl David Russnak was ordered by the trial judge to show cause why a fifteen year suspended prison sentence should not be revoked. Russnak appeals from an order which, although not revoking the suspended sentence, required restitution and imposed supervised probation, neither of which condition was imposed in the sentencing order. Russnak contends: (1) that there was no proof of a violation sufficient to sustain an adverse ruling; and (2) that the ordering of restitution and probation was tantamount to imposition of a new sentence. For the reasons that…

2Cases cited5 opinions

  1. Marshall v. CommonwealthSupreme Court of Virginia · 1960
  2. In Re Commonwealth of Virginia Department of CorrectionsSupreme Court of Virginia · 1981
  3. Dyke v. CommonwealthSupreme Court of Virginia · 1952
  4. Griffin v. CunninghamSupreme Court of Virginia · 1964
  5. Baker v. CommonwealthSupreme Court of Virginia · 1985

3Cited by25 opinions

  1. Price v. CommonwealthCourt of Appeals of Virginia · 2008
  2. Alsberry v. CommonwealthCourt of Appeals of Virginia · 2002
  3. D'Alessandro v. CommonwealthCourt of Appeals of Virginia · 1992
  4. McCullough v. CommonwealthCourt of Appeals of Virginia · 2002
  5. Patterson v. CommonwealthCourt of Appeals of Virginia · 2003

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