Gurley v. Commonwealth

HODGES, Senior Judge.

Timothy Wayne Gurley (appellant) contends the trial court erred in denying his motion to have the trial judge who initially sentenced him and imposed a suspended sentence preside at his revocation hearing. For the reasons that follow, we affirm.

BACKGROUND

On March 23, 1998, appellant pled guilty to grand larceny before Judge Poston of the Norfolk Circuit Court. After hearing evidence and argument, Judge Poston found appellant guilty. He imposed a four-year sentence but suspended all four years on condition appellant be of good behavior.

On January 26, 1999, appellant’s…