serving a sentence in Culpeper until August), then be

serving a sentence in Culpeper until August), then be released to Boxwood, an in-patient drug rehabilitative center in Culpeper, and not be required to serve the sentence he received for violation of probation.

Mr. Nicholson checked into the cost for the program, and said rt would cost him between $1,800 and $2,000. Mr. Reynolds felt that hiS client had met the two-prong test, which allows the court to modify a sentence, in showing that for Mr. Nicholson spending time in Boxwood would be in the public interest, and that mitigating circumstances had been shown by Mr. Nicholson taking it upon himself to check into Boxwood and pay for it himself.

Judge Robertson said he felt that Mr. Nicholson had not shown mitigating circumstances, and said, “I question whether 1 have authority to modify his sentence at this time.” He said that Mr. Nicholson would hav^ tp serve his sentence in Rappahannock and then go to Boxwood. .MrNicholson has been transferred to,the Rappahannock County Jail to finish out his sentence from Culpeper. . ■'

A capias was issued for Timothy Duane Reid, 32, of Front Royal and Tony Capies, 28, of Washington, D.C. Both were being sought because of probation violations.

Mr. Reid was convictefd January, 1994 of possession-of cocaine and PCP. He was accepted into the CDI program in June, 1994, but has since violated the conditions of that program. According to a letter in his court file from his case manager, Mr. Reid tested positive for marij juana in February, 1995, he missed two counselling appointments, and missed five scheduled appointmertts with his case manager.

Tony Capies is being sought because he failed to comply with conditions of probation, specifically, nonpayment of court costs. He was serving two years of supervised probation after being jailed for unauthorized use of a motor vehicle.