Massey v. Commonwealth (U)

The defendant’s probation officer impermissibly imposed a probation condition that contradicted an express term of probation the circuit court had imposed earlier. In that order, the circuit court expressly allowed the defendant to have contact with children under the supervision of an adult who knew about his prior conviction. Despite this express term, the officer unilaterally prohibited him from having any contact with children.¬†Therefore, the circuit court erred in revoking the defendant’s suspended sentenced based on this alleged violation of the unilateral modification.

Reversed and dismissed.

Massey v. Commonwealth (U), No. 1670-17-1, Mar. 5, 2019. CAV (Chafin) from Norfolk (Hall).

Categories: Court of Appeals of Virginia, Opinions, Unpublished


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