Antonio Osorio, s/k/a Antonio Osorio-Pacheco v. Commonwealth of Virginia

COURT OF APPEALS OF VIRGINIA Present: Judges Beales, Fulton and Ortiz UNPUBLISHED ANTONIO OSORIO, SOMETIMES KNOWN AS ANTONIO OSORIO-PACHECO MEMORANDUM OPINION* v. Record No. 0126-22-3 PER CURIAM SEPTEMBER 27, 2022 COMMONWEALTH OF VIRGINIA FROM THE CIRCUIT COURT OF ROCKINGHAM COUNTY Bruce D. Albertson, Judge (Richard G. Morgan, on brief), for appellant. Appellant submitting on brief. (Jason S. Miyares, Attorney General; Ken J. Baldassari, Assistant Attorney General, on brief), for appellee. Antonio Osorio appeals from the decision of the Circuit Court of Rockingham County revoking the entirety of his previously suspended sentence. Osorio contends that the trial court abused its discretion when it “substantially departed from the [s]entencing [g]uidelines and revoked the remaining [t]welve (12) years of [his] previously-suspended sentence.” After examining the briefs and record in this case, the panel unanimously holds that oral argument is unnecessary because “the appeal is wholly without merit.” Code § 17.1-403(ii)(a); Rule 5A:27(a). We affirm the decision of the trial court. BACKGROUND “The evidence is considered in the light most favorable to the Commonwealth, as the prevailing party below.” Jacobs v. Commonwealth, 61 Va. App. 529, 535 (2013). Osorio was a * Pursuant to Code § 17.1-413, this opinion is not designated for publication. . Cuban citizen admitted to the United States as a political refugee. On August 18, 2008, the trial court convicted appellant of aggravated sexual battery of a victim under thirteen years of age and sentenced him to fifteen years’ incarceration, with twelve years suspended. The trial court conditioned the suspended sentence on five years of supervised probation. Additionally, the trial court required Osorio to register as a sex offender. On February 27, 2012, Osorio’s probation officer prepared a major violation report, asserting that Osorio violated the terms and conditions of his probation because he failed to meet with his probation officer within three days of his release from incarceration and as instructed thereafter. Osorio’s probation officer reported that Osorio’s whereabouts were unknown. The trial court issued a capias for Osorio’s arrest based on the alleged violation of the terms of his probation. The probation officer subsequently filed two addenda, stating that Osorio failed to register as a sex offender, and consequently, was charged for his failure to register. A third addenda was filed, reporting that the Stafford County Circuit Court convicted Osorio of failure to register as a sex offender and sentenced him to five years’ incarceration, with four years and eight months suspended. Osorio was released from Coffeewood Correctional Center directly into the custody of United States Immigration and Customs Enforcement (ICE). ICE ultimately released him based on his refugee status. At the revocation hearing, Osorio did not contest that he violated the terms of his probation and suspended sentence. He testified that he had family in New York but did not have any contacts in Virginia. In 2012, Osorio’s probation officer denied his request to move to New York and live with his brother because the residence was too close to a day care center. Osorio testified that …

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