Botkin v. Commonwealth

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The Supreme Court affirmed the judgment of the court of appeals holding that multiple mandatory minimum terms of imprisonment, imposed for multiple convictions under Va. Code 18.2-308.2(A) are required to be served consecutively and vacated Defendant’s sentences because they were run concurrently.The circuit court sentenced Defendant to five years for two violations of section 18.2-308.2(A) and ordered that the sentences run concurrently. The court of appeals reversed, concluding that the trial court erred in ordering that the sentences for Defendant’s two convictions run concurrently. The Supreme Court affirmed and remanded this case for resentencing, holding (1) the court of appeals properly interpreted section 18.2-308.2(A); and (2) mandatory minimum terms of confinement ordered pursuant to 18.2-308.2(A) must run consecutively with any other sentence, including other mandatory minimum terms ordered pursuant to the statute. View "Botkin v. Commonwealth" on Justia Law