Duff v. Commonwealth

Opinion

KOONTZ, C.J.

Charles H. Duff, III (Duff), appeals from a May 18, 1991 order of the Circuit Court of the City of Hampton revoking his previously suspended sentence and requiring him to serve four years and six months in the penitentiary. The sole issue presented is whether the evidence was sufficient to revoke the suspended sentence based upon a failure to pay restitution. Finding that the evidence was insufficient, we reverse.

The essential facts from which this appeal arises are not in dispute. On December 3, 1984, Duff was convicted of embezzlement and sentenced to a term of five years…