Jones v. Commonwealth (P)

Under Code § 18.2-248(C), a defendant may receive an enhanced punishment for distributing a Schedule I or II controlled substance upon a “second conviction of such a violation.” A plain reading of the statute indicates that any prior conviction of an offense under § 18.2-248, including a conviction as an accommodation under subsection (D), triggers the enhanced punishment protections of subsection (C).

Here, because the defendant previously violated § 18.2-248(D), the circuit court was correct in considering that prior conviction in sentencing him pursuant to the enhanced punishment provisions of subsection (C).

Affirmed.

Jones v. Commonwealth (P), No. 1504-17-2, Dec. 26, 2018. CAV (Humphreys) from Henrico (Yoffy).



Categories: Court of Appeals of Virginia, Opinions, Published

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