Criminal – Revocation conditional discharge, flagrant nonsupport, and opportunity to present evidence at hearing: Johnson v. Commonwealth (COA 8/21/2009)

Johnson v. Commonwealth
2008-CA-001093 8/21/09 2009 WL 2569119

Opinion by Judge Caperton; Judge Thompson concurred; Senior Judge Graves dissented by separate opinion.

The Court vacated and remanded an order of the circuit court revoking appellant’s conditional discharge for the offense of flagrant non-support, probated on condition that appellant pay current child support and make payments on arrearages. The Court held that appellant should have been given the opportunity to present evidence arising post-plea of his inability to make the required payments.