John E. Hamilton v. Commonwealth of Virginia

ALSTON, Judge.

John E. Hamilton (“defendant”) appeals the trial court’s denial of his motion for a new sentencing. On appeal, defendant contends that the trial court did not properly follow the procedures in Code § 9.1-902(H) and, accordingly, his case should be remanded for compliance with Code § 9.1-902(H). 1 Because we find that the trial court substantially complied with Code § 9.1-902(H), we affirm the trial court’s denial of defendant’s motion for a new sentencing.

BACKGROUND

On appeal from the trial court’s denial of defendant’s motion for a new sentencing, this Court views the evidence…