Hall v. Commonwealth

OPINION BY SENIOR JUSTICE LEROY F. MILLETTE, JR.

This appeal concerns the so-called "safety valve" provision of Code § 18.2-248(C), providing for relief from mandatory sentences when the defendant truthfully provides all information and evidence concerning his offense to the Commonwealth "[n]ot later than the time of the sentencing hearing." In the instant case, the defendant provided the information immediately prior to the sentencing hearing, and the trial court determined that such motion was untimely and declined to rule on the merits. For the reasons stated herein, we reverse and remand.

I.…