McDaniel v. Commonwealth

Full title: JAMES E. McDANIEL, S/K/A JAMES EDWARD McDANIEL, JR. v. COMMONWEALTH OF…

Court: Court of Appeals of Virginia. Alexandria

Date published: Jul 20, 1993

Record No. 0581-92-3 (Va. Ct. App. Jul. 20, 1993)

Opinion

Record No. 0581-92-3

July 20, 1993

FROM THE CIRCUIT COURT OF ROANOKE COUNTY G. O. CLEMENS, JUDGE.

A. Kristin Shandor, for appellant.

H. Elizabeth Shaffer, Assistant Attorney General (Stephen D. Rosenthal, Attorney General, on brief), for appellee.

Present: Judges Barrow, Coleman and Koontz.

Argued at Alexandria, Virginia.

MEMORANDUM OPINION^_

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

JUDGE BERNARD G. BARROW.

This appeal is from an order finding the defendant in contempt and sentencing him to twelve months in jail, 120 days of which were suspended. This sentence is criminal in nature because it is "determinate and unconditional" and is not avoidable by compliance with the order. Bagwell v. International Union, United Mine Workers of America, 244 Va. 463, 475, 423 S.E.2d 349, 356 (1992). The proceeding, however, was civil in nature and was not changed into a criminal proceeding. The sentence, therefore, is vacated and the proceeding remanded for imposition of a civil sentence, indefinite and conditional so that the defendant may avoid its execution by compliance with the court's order.

VACATED AND REMANDED.