Sculthorpe v. Commonwealth

Full title: WESLEY DOUGLAS SCULTHORPE v. COMMONWEALTH OF VIRGINIA

Court: Court of Appeals of Virginia. Argued at Richmond, Virginia

Date published: Jun 14, 1994

Record Nos. 2112-92-2 and 2311-92-2 (Va. Ct. App. Jun. 14, 1994)

Opinion

Record Nos. 2112-92-2 and 2311-92-2

Decided: June 14, 1994

FROM THE CIRCUIT COURT OF CHESTERFIELD COUNTY, John F. Daffron, Jr., Judge

Affirmed.

John J. Trexler (Beddow, Marley, Burgess Murphey, on brief), for appellant.

Kathleen B. Martin, Assistant Attorney General (James S. Gilmore, III, Attorney General, on brief), for appellee.

Present: Chief Judge Moon, Judge Fitzpatrick and Retired Judge Hodges

MEMORANDUM OPINION^_

_ Pursuant to Code Sec. 17-116.010 this opinion is not designated for publication.

PER CURIAM:

The decision of the trial court is affirmed because the record fails to show that the trial judge abused his discretion in sentencing appellant to life in the penitentiary. The issue of whether in a direct appeal an appellant may question whether his crimes will be treated as part of a common scheme or plan for purposes of parole eligibility is controlled by Garrett v. Commonwealth, 14 Va. App. 154, 157, 415 S.E.2d 245, 247 (1992).

This issue is one which must be determined by the parole board, not the trial court. See id. Affirmed.