Commonwealth v. Diaz

This appeal involves a revocation of a suspended sentence based on an offense that occurred after a conviction in the general district court for which the suspended sentence was imposed, but prior to the withdrawal of an appeal from that conviction. We consider whether the Court of Appeals erred in holding that the circuit court improperly revoked the suspended sentence on the basis that the circuit court order, affirming the conviction and sentence in the withdrawn appeal, “abrogated” the district court’s judgment.

On June 27, 2000, Gerardo R. Diaz was convicted in the Fauquier County General…