Legal Opinion
I’m sorry about what happened to your husband. The judge suspended
thirty-six years of your husband’s sentence, meaning he’ll serve twenty.
Going by the date of sentencing, he should be released in January 2023.
The judge had authority to suspend your husband’s sentence according to
Code of Virginia § 19.2-303 which states in relevant part as follows: “After
conviction, whether with or without jury, the court may suspend imposition
of sentence or suspend the sentence in whole or part and in addition may
place the defendant on probation under such conditions as the court shall
determine, including monitoring by a GPS (Global Positioning System)
tracking device, or other similar device, or may, as a condition of a
suspended sentence, require the defendant to make at least partial
restitution to the aggrieved party or parties for damages or loss caused by
the offense for which convicted, or to perform community service, or both,
under terms and conditions which shall be entered in writing by the court.”
You mentioned the transcript of the sentencing but I have not received it
yet. I would like to know the duration for which the judge orally sentenced
your husband before entering the final judgment with suspended sentence.
If the oral sentence was more than twenty years, then it would not do much
to try and obtain relief. If the oral sentence was less than twenty years, you
might consider filing a Petition for Writ of Error under Code
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