Virginia Circuit Court February 3, 2003, Case No. 01-39 (Commonwealth v. Noe)

By judge Edward l. Hogshire

Sean Allan Noe is charged with violating the terms and conditions of probation. At issue is whether Defendant, who was under Home/Electronic Incarceration (“HEI”) at the time of the alleged violation, was under conditions of probation. For reasons articulated below, this court finds that Defendant was not under conditions of probation.