Virginia Lawyers Weekly

The Court of Appeals upholds defendant’s summary termination from the drug court program, as defendant failed to preserve for appeal his claim that he was entitled to the same procedural protections as a person facing revocation of probation.
Defendant argued during his sentencing hearing that he should not be sent to jail because to do so violated his due process rights, and asserted that he was entitled to due process prior to his termination from the drug court program. However, defendant did not ask the circuit court to reverse his termination on this ground. Therefore, this due process argument was not presented to the circuit court and our consideration of it is barred by Rule 5A:18.

Defendant also contends the circuit court erred in failing to consider alternatives to incarceration. Here, the terms of the plea agreement accepted by the circuit court explicitly stated that if appellant failed to successfully complete the drug court program, he would be returned to the circuit court for determination of his guilt and imposition of a sentence. The circuit court accepted the order terminating defendant’s participation in the program, found defendant guilty and imposed the sentence he accepted in the plea agreement. We cannot say the circuit court erred in not considering alternatives to incarceration.

Harris v. Commonwealth (Powell, J.) No. 0208-08-2, May 12, 2009; Fredericksburg Cir.Ct. (Spruill) Rebecca K. Glenberg for appellant; Susan M. Harris, AAG, for appellee. VLW 009-7-217(UP), 5 pp.

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