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Home / Opinion Digests / Criminal – Felon In Possession – Mandatory Sentence – Constitutional (access required)

Criminal – Felon In Possession – Mandatory Sentence – Constitutional (access required)

The Court of Appeals rejects defendant’s contention that a statute that imposes a mandatory five-year sentence for weapons possession violates the Virginia Constitution’s doctrine of separation of powers. Challenging the constitutionality of the statute, defendant argues Code § 18.2-308.2 violates the long-standing and well recognized principle that legislative, executive and judicial departments shall be separate and ...