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eluded two counts of breaking and entering, two counts of grand larceny, three counts of defacing property, defacing state property and petty larceny. All but five years in the penitentiary was suspended.
Escape from a state correctional facility or from a guard is a Class Six felony in Virginia. Section 53.1-203 of the Code of Virginia sets the minimum sentence at one year for a felon who escapes. The sentence cannot be served concurrently with any other sentence.
In Virginia, there are six classes of felonies and four classes of misdemeanors. A Class Six felony is the least serious class.
Upon an escape conviction, the prisoner will immediately begin serving the escape sentence. None of the time served for an escape conviction is credited for parole purposes.
“He (Smoot) was coming up for parole early next year,” Sheriff Woodward said. “He’ll probably be denied parole for a while now besides getting more time.”
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