Tuesday, January 26, 2010

Brown v. Commonwealth (Juvenile - Mandatory Minimum Sentence)

In this case, The Virginia Supreme Court rules effectively that when a juvenile is tried as an adult and receives a mandatory minimum sentence (e.g. use of firearm during commission of a felony) that the trial court cannot sentence the defendant as a juvenile offender. The Court concurred with the Virginia Court of Appeals in stating that the circuit court should have followed Section 16.1-272(A)(1) instead of Section 16.1-272(A)(2).

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