0655074 Alexander Rivas v. Commonwealth of Virginia 04/15/2008

State: Virginia

Court: Fourth Circuit Court of Appeals Clerk

Docket No: 0655074

Case Date: 04/15/2008

Plaintiff: 0655074 Alexander Rivas

Defendant: Commonwealth of Virginia 04/15/2008

Preview:COURT OF APPEALS OF VIRGINIA

Present: Judges Elder, Frank and Millette Argued at Alexandria, Virginia

ALEXANDER RIVAS v. Record No. 0655-07-4 OPINION BY JUDGE LARRY G. ELDER APRIL 15, 2008

COMMONWEALTH OF VIRGINIA

FROM THE CIRCUIT COURT OF THE CITY OF ALEXANDRIA Lisa B. Kemler, Judge Bradley R. Haywood, Assistant Public Defender (Office of the Public Defender, on brief), for appellant. Benjamin H. Katz, Assistant Attorney General (Robert F. McDonnell, Attorney General, on brief), for appellee.

Alexander Rivas (appellant), a juvenile, appeals from a circuit court order finding him in violation of the conditions of his probation for an offense that would have been punishable as a felony if committed by an adult. On appeal, he contends the court lacked authority at the violation hearing to order him committed to the Department of Juvenile Justice because it had not exercised that authority at the original dispositional hearing, having opted instead to place him on probation. We hold that, upon appellant's violation of the conditions of his probation, the court had authority pursuant to Code

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