Botkin v. Commonwealth (P)

Mandatory minimum sentences under Code § 18.2-308.2(A) must run consecutively with any other sentence, including other mandatory minimum sentences under the same statutory provision.

Here, the defendant’s concurrent sentences for firearm-possession convictions are vacated. To avoid speculation as to how the circuit court would have sentenced the defendant had it correctly interpreted Code § 18.2-308.2(A), he is entitled to a new sentencing hearing on both sentences upon remand.

Affirmed and remanded.

Botkin v. Commonwealth (P), No. 171555, Nov. 1, 2018. SCV (Goodwyn) from CAV.



Categories: Opinions, Published, Supreme Court of Virginia

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