Michael Ray Short v. Commonwealth of Virginia ( 1999 )

COURT OF APPEALS OF VIRGINIA
Present: Judges Benton, Bray and Bumgardner
Argued at Salem, Virginia
MICHAEL RAY SHORT
MEMORANDUM OPINION * BY
v. Record No. 2274-98-3 JUDGE RUDOLPH BUMGARDNER, III
OCTOBER 26, 1999
COMMONWEALTH OF VIRGINIA
FROM THE CIRCUIT COURT OF PITTSYLVANIA COUNTY
William N. Alexander, II, Judge
Jesse W. Meadows, III, for appellant.
Donald E. Jeffrey, III, Assistant Attorney
General (Mark L. Earley, Attorney General, on
brief), for appellee.
Michael Ray Short was indicted for statutory burglary and
three charges of grand larceny. Pursuant to a plea agreement,
he pled guilty to one charge of grand larceny of a truck, and
the trial court nolle prossed the remaining charges. On appeal,
the defendant argues that the trial court improperly ordered him
to pay restitution for crimes for which he was not tried or
convicted. Because the sentencing order did not order
restitution to anyone other than the owner of the stolen truck,
we dismiss this appeal.
The defendant and a codefendant broke into an auto repair
shop. They took a truck belonging to Brian Crews and two
* Pursuant to Code § 17.1-413, recodifying Code
§ 17-116.010, this opinion is not designated for publication.
toolboxes full of tools belonging to the shop owner, William
Andrews, and an employee, James Hubbard.
The defendant argues the trial court erred in ordering him
to pay restitution to Andrews and Hubbard for the stolen tools.
However, the order from which the defendant appeals does not
support his contention. The order only provides restitution to
Brian Crews, the owner of the truck stolen by the defendant. It
contains no direction to pay restitution to either Andrews or
Hubbard. A court speaks only through its orders, see Jones v.
Commonwealth, 24 Va. App. 636, 649, 484 S.E.2d 618, 620 (1997),
and the issues raised on this appeal are not reflected in the
order. Accordingly, we dismiss the appeal.
Dismissed.
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