Legal Opinion
Alston v. Commonwealth
Court of Appeals of Virginia
Decided December 5, 2006No. 0951052PublishedCited by 10 opinions
1Opinion of the Court
RANDOLPH A. BEALES, Judge.
A jury convicted Andrew Robert Alston (appellant) of voluntary manslaughter, a Class 5 felony, and fixed his punishment at three years of imprisonment. The trial court sentenced appellant to serve the three years and added a three-year term of post-release supervision pursuant to Code § 19.2-295.2. Appellant appeals this sentence, arguing that the addition of post-release supervision violates his constitutional right to a jury, his constitutional due process rights, runs counter to the principle of separation of powers, and contradicts the General Assembly’s intent…
2Cases cited17 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- United States v. BookerSupreme Court of the United States · 2004
- Blakely v. WashingtonSupreme Court of the United States · 2004
- Ring v. ArizonaSupreme Court of the United States · 2002
- Watkins v. HallSupreme Court of Virginia · 1934
12 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Alston v. Com.Supreme Court of Virginia · 2007
- Kathryn M. Saffert v. Fairfax County School BoardCourt of Appeals of Virginia · 2012
- Antonio Hall, a/k/a Antonio Barrow v. Commonwealth of VirginiaCourt of Appeals of Virginia · 2015
- Ashley Nicole Sullivan v. Commonwealth of VirginiaCourt of Appeals of Virginia · 2020
- Atlantic Orthopaedic Specialists v. City of PortsmouthCourt of Appeals of Virginia · 2021
5 more not listed; retrieve them via the Exa API.