COURT OF APPEALS OF VIRGINIA

Present: Judges Frank, Hump hreys and Agee Argued at Ches apeake, Virginia

SHARIF RANI McCOY MEMORANDUM OPINION * BY v. Record No. 1475-01-1 JUDGE ROBERT J. HUMPHREYS JULY 30, 2002 COMMONWEALTH OF VIRGINIA

FROM THE CIRCUIT COURT OF THE CITY OF NORFOLK Charles D. Griffi th, Jr., Judge Patricia B. Dickey for appellant. Linwood T. Wells, Jr ., Assistan t Attorney General (Jerry W. Kilgore, Atto rney General, on brief), for appellee.

Sharif Rani McCoy ap peals the revoca tion of his probation for his January 13, 20 00 conviction for posses sion of coca ine and the resulting sent ence imposed by the tria l court. Sp ecifically, McCoy contends that the trial court abused its discretion by sentencing him to a se ntence in excess of that ordered by the trial court on the underlying co nviction. For th e reasons that follow, we affirm. On March 20, 2001, the trial court issued a show cause order to McCoy, directing hi m to show cause why hi s two-year suspended

* Pursuant to Code § 17.1-413, this opinion is not designated for publication. Further, because this memorandum opinion has no precedential value, we recite only those facts necessary to our holding.sentence and probation for a Ja nuary 16, 2001 conviction for possession of co caine should not be revoked. After a hearing conducted on May 4, 20 01, the trial co urt found McCoy had violated the terms of his probat ion. The cour t then revoked his probation

and sentenced him to serve his susp ended prison term of two years and to be "subje ct to a period of post-release supervision for a period of [one] year." 1 McCoy raised no objection to the trial court's findings , nor to the im posed sentence.

1 See Code § 19.2-295.2(A), which provides in pertinent part: At the time the court imposes sentence upon a conviction for any felony offense committed (i) on or after January 1, 1995, the court may, and (ii) on or after July 1, 2000, shall, in addition to any other punishment imposed if such other punishment includes an active term of incarceration in a state or local correctional facility, except in cases in which the court orders a suspended term of confinement of at least six months, impose a term of postrelease supervision of not less than six months nor more than three years, as the court may determine. Such additional term shall be suspended and the defendant placed under postrelease supervision upon release from the active term of incarceration. The period of supervision shall be established by the court; however, such period shall not be less than six months nor more than three years.

See also Allard v. Commonwealth , 24 Va. App. 57, 67, 480 S.E.2d 139, 144 (1997) ("Code § 19.2-295.2 applies to both bench and jury trials. The language is expansive and inclusive, not limiting and exclusive.").

- 2 -On appeal, McCoy co ntends that the tria l court's im position of the one-year period of post-release superv ision was im proper as it exceeded the terms of his original sentence . However, as noted above, McCoy failed to raise such an ob jection during the proceedings be fore the trial co urt. Further, he raised no objection by subseque nt motion. Accordin gly, his appellate contention is proc edurally barred, as we fi nd no basis to invoke the ends of ju stice exception to Rule 5A:18. 2 Thus, th e judgment

of the trial cour t is affirmed.

Affirmed.

2 See Rule 5A:18.

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