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Home / Opinion Digests / Criminal Law / Judge Could Not Impose Jury’s Lower Sentence (access required)

Judge Could Not Impose Jury’s Lower Sentence (access required)

A trial judge could not ignore the mandatory minimum five-year sentence for a weapons possession conviction under Va. Code § 18.2-308.2 and impose the two-year sentence ordered by a jury that was properly advised of the statutorily required sentence; the Court of Appeals says the lower sentence was void ab initio and the trial court ...

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