Custis v. Commonwealth (U)

The defendant’s five-year sentence for the violation of Code § 18.2-53.1 exceeds the sentence that may be imposed. Therefore, it is void ab initio.

The defendant was convicted of robbery under Code § 18.2-58, use of a firearm in the commission of a felony in violation of Code § 18.2-53.1, and possession of a firearm by a felon in violation of Code § 18.2-308.2. He was sentenced to 30 years’ imprisonment for robbery, five years for use of a firearm in the commission of a felony, and five years for possession of a firearm by a felon. But § 18.2-53.1 provides a maximum three-year sentence for a first conviction.

Reversed and remanded for entry of a new sentence of three years’ confinement.

Custis v. Commonwealth (U), No. 171103, Jan. 31, 2019. SCV (per curiam) from Accomack.



Categories: Opinions, Supreme Court of Virginia, Unpublished

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