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Alford Plea Waived Appeal of Restitution

The Court of Appeals affirms the trial court judgment requiring defendant to pay restitution of $12,000, the maximum allowed by the plea agreement defendant voluntarily entered expressly waiving his right to appeal.

Defendant entered a plea agreement pursuant to North Carolina v. Alford, 400 U.S. 25 (1972), conceding sufficient evidence to convict him of stealing equipment valued at $12,000 from a construction company storage container that was forcibly opened. Some of the stolen equipment was later recovered. The value of the unrecovered stolen equipment was $7,800 and damage to the storage container was $5,500. Outside surveillance videos from pawn shops showed stolen equipment in the back of defendant’s truck. Defendant’s plea agreement expressly agreed to pay restitution in any amount capped at $12,000 and waived any right of appeal from the decision of the trial court.

On appeal, defendant argues the trial court abused its sentencing discretion under Va. Code § 19.2-305(B) because the evidence is insufficient to link him to the unrecovered property and container damage. We hold defendant bound by the contract he made in entering his plea agreement. Defendant’s validly entered plea agreement expressly waived his right to appeal the restitution order; his arguments about the amount do not rise to the level of alleging some jurisdictional defect.

Conviction affirmed.

Craig v. Commonwealth (Coleman), No. 2007-10-4, Nov. 1, 2011, Loudoun County Cir. Ct. (McCahill) Wayne L. Kim for appellant; Rosemary V. Bourne, AAG. VLW 011-7-331(UP), 6 pp.

VLW 011-7-331

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