ADJUDICATION AND SENTENCING ORDER FOR PLEA OF GUILTY OR NOLO CONTENDERE (COMMONWEALTH OF VIRGINIA Va. Code § 192.254, 257, 258 Rule3A8, 706 In the Circuit Court of the [ ] City [X] County of AMHERST Hearing Date: JUNE 18, 2020 Judge: MICHAEL T. GARRETT Attomey for Defendant: PETER S. FRAZIER, ESQ. Attomey for Commonwealth: R. CLINT CARWILE, ESQ. COMMONWEALTH OF VIRGINIA ve LEONARD EUGENE BLACKWELL, JR, DEFENDANT This day came the defendant, who appeared in person and was represented by counsel. The attomey for the Commonwealth was present. ‘The defendant is indicted on the following offenses: ‘Virgnia Crime Code ] Offense Tracking Number eae Code Section Case Number Administrative ‘Use Only) ‘bo9sM1800001751 RAP-AIZL-F9 182-673 ‘CR18000519-00 Offense Date 087282017 _| Description: AGG SEX BATTERY: VICTIM <13 ¥R. (09R1900073700 RAP-IIZ2.MI 182.674 CR19000737-00 Offense Dat 0170172017 __| Description: BATTERY, SEXUAL 009CR500073800 RAPAOES [182-61 (€R19000736-00 Ottnse Date: 01/01/2017 __| Deseription: RAPE: BY FORCE/THREAT ‘009R1900073900 SLATES 182516 (€R19000739-00 [offense Date: 01/04/2017 | Deseription: STRANGLE: WOUND/INJURY RESULTS 0091900074100 RAP-LIT6F6 182-6741 (€R19000741-00 Offense Date: 01/012017 __ | Description: SEX BATTERY INTENT TO INFECT Plea Agreement to the Amended Indictments ‘A proposed written plea agreement was presented to the Court; and pursuant to the plea agreement, the attomey forthe Commonwealth moved the Court to amend the charge in ease CR18000519-00 from “unlawéully and feloniously commit aggravated sexual battery by sexually abusing, minor (QAM **10 was Jess than thirteen years of age at the time of the offense” to “unlawfully assault or assault and batter a minor, Quan in violation of 18.2-57(A) of the Code of Virginia...”. The Court hereby grants the Commonwealth's motion to amend the charge and hereby amends the indictment. Page 1 0F4COMMONWEALTH OF VIRGINIA v. LEONARD EUGENE BLACKWELL, JR, Defendant Whereupon, the attorney for the Commonwealth moved the Court to amend the charge in case CR19000737-00 from “unlawfully and feloniously commit sexual battery by sexually abusingt against her will by force, threat, intimidation, or ruse” to in violation of 18.2-57(A) of the Code of Vir; motion to amend the charge and hereby amends the indictment. Whereupon the defendant was arraigned as charged in the amended indictments in cases CR18000519- 00 and CR19000737-00 and, after being advised by counsel, pleaded guilty to the charges upon which the defendant was arraigned, which plea was tendered by the defendant in person. Having made inquiry end being of the opinion that the defendant's plea was made voluntarily with an understanding of the nature of the charge and the consequences of the plea, and of the waiver of trial by jury and of appeal, the Court proceeded to hear and determine the case without a jury as provided by law, and having heard the evidence and argument of counsel, finds the defendant GUILTY of the following: Virginia Grime Code (or : Offense Tracking Number Administrative | ‘Code Section ‘Case Number Use Only) _} | 0971800001753 ASL-1313-ML 18257 ‘CRIB000519-00 Offense Date: 08/28/2017 Description: ASSAULT & BATTERY | (009CR1900073700 ASL-I33Mi | 182.57 cri9000737.00 | Offense Date: 01/01/2017 | Description: ASSAULT & BATTERY Before pronouncing the sentence, the Court inquired if the defendant desired to make e statement and if the defendant desired to advance any reason why judgment should not be pronounced. ‘The court SENTENCES the defendant to: Case No. CR18000519-00 __Deseription: ASSAULT & BATTERY [X] Incarceration with the JAIL OF THIS COUNTY for the term of: [XI The court SUSPENDS........ years, 6 months, . rs of incarceration $ ‘upon the condition(s) specified in Suspended Sentence Conditions. L_JFINE. The defendant is ordered to pay fine(s) in the amount of $ EX]COSTS. The defendant is ordered to pay all costs of this case. [ ]RESTITUTION. The defendant is ordered to make restitution as set forth in the ORDER FOR RESTITUTION. [ JDRIVER’S LICENSE SUSPENSION: The defendant's license has been suspended [ Jfora petiod of sumer Y€8TS, nme OMENS, wnann days [ ] indefinitely. [_JRESTRICTED DRIVER’S LICENSE: A restricted driver’s license was issued by separate order. ' ‘Case No. CR19000737-00 Description: ASSAULT & BATTERY .- years, 12 months, . days fine for a period of 2 years [X] Incarceration with the JAIL OF THIS COUNTY for the term of years, 12 months, days: [X] The court SUSPENDS years, 9 months, .. .. days of incarceration $ .. fine for a period of 2 years upon. the condition(s) specified in Suspended Sentence Conditions. [ JRINE, The defendant is ordered to pay fine(S) in the amount of $ [X]COSTS. __ The defendant is ordered to pay all costs of this case. { JRESTITUTION. - The defendant is ordered to make restitution as set forth in the ORDER FOR RESTITUTION. [ JDRIVER’S LICENSE SUSPENSION: The defendant’s license has been suspended” [fora petiod of am YOAES, nee MODES ares days [ ] indefinitely, [ ]RESTRICTED DRIVER’S LICENSE: A restricted driver's license was issued by separate order. Page 2084COMMONWEALTH OF VIRGINIA v. LEONARD EUGENE BLACKWELL, JR, Defendant Consecutive/concurrent: [X] These sentences shall run consecutively with all other sentences. [_ 1 These sentences shall rum concurrently with all other seatences. [1 These sentences shall rum consecutively/concurrently as described: eeeeeaeeecceee 1 ‘Suspended Sentence Conditions: : [X] Good Behavior: ‘The defendant shall be of good behavior for2 years, . defendant’s release from confinement. [_ ]Supervised Probation: The defendant is placed on probation under the supervision of a Probation Officer to commence [ ] upon sentencing [ ] upon release from incarceration f0r nv. YEAS, wun. MOZIRS, wom d2YS ‘The defendant shall comply with all the rules and requirements set by the Probation Officer. Probation shall include substance abuse counseling and/or testing as prescribed by the Probation Officer. [ ] Community Corrections Alternative Program pursuant to Virginia Code § 19,2-316.4: The defendant shall successfully complete the Community Corrections Alternative Program. Successfull Completion of the program shall be followed by a period of supervised probation of. [_ 1 The defendant shall remain in custody until program entry. [ TRegistration pursuant to Code § 9.1-903 for offenses defined in § 9.1-902 is reqiired. .. months from the EX]_ Special conditions: ~The commonwealth agrees not the re-indict charges CR18000590-00, CR18000587-00, & CR18000589-00 which it previously moved this Court to Nolle Prosequi. The Commonwealth will consider these charges merged with CR18000519-00 and CR1900073° The defendant shall have no further contact with minor jG 0° his mother, ~The defendant shall have no further contact wit ‘he defendant shall have no further contact wit or her minor child a he defendant shall pay Court Costs atthe rate of $25.00 per month beginning June 20", 2022 and each month thereafter until paid in full [..]The defendant shall make restitution as set forth in the ORDER FOR RESTITUTION Post-incarceration supervision following felony conviction pursuant to Virginia Code § 18.2-10 and 19.2-295.2: {_ ]Post-Iuearceration Supervised Probation: The defendant is placed on supervised probation to commence upon release from incarceration for a period of. » unless released earlier by the court, The defendant shall comply with all the rules and requirements set by the Probation Officer. L_ ]Post-Incareeration Post-Release Supervision: [n addition to the above sentence of incarceration, the court imposes an additional term of .. of incarceratioi. This term is suspended and a > period of post-release supervision of... .. is imposed, which is to commence upon release from incarceration. The defendant shall comply with all the rules and requirements set by the Probation Officer. [X] Additional Provisions Ne -The defendant agrees to waive his right to withdraw his pleas of guilty on CR18000519-00 & CR19000737-00 at a later date, Page 3068COMMONWEALTH OF VIRGINIA y. LEONARD EUGENE BLACKWELL, JR, Defendant ‘Due to the Corona Virus (COVID-19), the Order Declaring a Judicial Emergency, and the Executive Order of the Governor of Virginia; ‘NOW THEREFORE the Court doth ADJUDGE, ORDER, and DECREE that the Circuit Court of Amberst County and the Clerk’s Office shall not require the signature of the defendant when an installment agreement is entered, at the time of final disposition/sentencing of the defendant, as the peyment plan was ordered on the record. And pursuant to the plea agreement, the Attomney for the Commonwealth made motion to the Court for the entry of a Nolle Prosequi in cases CR19000738-00, CR19000739-00, and CR19000741-00 without objection by the defendant, by Counsel; the Court GRANTS the motion and the following cases are hereby dismissed, without prejudice: Virginia Crime Code For Offense Tracking Number taut Code Section Case Number Use Only) : 609¢R1900073800 RAP-120-29 182-61 ‘€R19000736-00 Offense Date: 010012017 __| Description: RAPE: BY FORCEATHREAT {0091900073900 ASI-ISET-FS 182816 ‘€R19000739-00 Offease Date: 1012017 __| Description: STRANGLE: WOUND/INTURY RESULTS 009CR1900074100, RAPLIT6-F6 18.2-67.4:1 CR19900741-00 (Oifease Date: 010172017 | Description: SEX BATTERY: INTENT TO INFECT [X] The defendant was remanded to the custody of the sheriff: [ "1 The defendant was allowed to depart ‘The defendant shall be given credit for time spent in confinement while awaiting trial pursuant to Virginia Code § 53.1-187. ENTER this 29%, of, Dlone 2020, senate Budge DEFENDANT IDENTIFICATION: ‘Name: LEONARD EUGENE BLACKWELL, JR SSN QB Dos: @BBN980 Sex M SENTENCE SUMMARY: Total Incarceration Sentence Imposed:24 MONTHS Total Sentence Suspended: 15 MONTHS ‘Total Sentence to Serve: 9 MONTHS ‘Total Supervised Probation ‘Term: -- Total Post-release Term Imposed and Suspended: ‘Total Fine Imposed: $0.00 Total Fine Suspended: $ 0.00 Page 4064