Criminal – Jury Instructions – Sentence Reduction – Judge’s Power

By Deborah Elkins
Published: June 16, 2008

At defendant’s sentencing proceeding for cocaine distribution, the trial court erred in responding to a question during jury deliberations by telling the jury the court had the power to reduce but not to increase the sentence imposed by the jury, the Virginia Supreme Court holds. During the sentencing phase, the court instructed the jury that Virginia ...

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