Clarke v. Commonwealth

BEALES, Judge.

On October 27, 2005, Ronald E. Clarke (appellant) was convicted by the trial court of driving while a habitual offender, subsequent offense, in violation of Code § 46.2-357, and sentenced to five years in prison. The trial court suspended three years and six months of that sentence. On October 16, 2009, the trial judge found appellant had violated his probation, revoked appellant’s previously suspended sentence, and resuspended two years and six months (thereby sentencing appellant to one year of active incarceration from the originally suspended sentence). On May 24, 2010, the…