Belcher v. Commonwealth

Opinion

KOONTZ, J.

In this appeal, we must determine whether the trial

judge erred in using the Voluntary Sentencing Guidelines (guidelines) in effect at the time of sentencing, rather than those in effect at the time the crime was committed, when the new guidelines permitted a harsher range of punishment. Because application of the guidelines is voluntary and the trial judge set the sentence within the range established by the legislature, we find no error and affirm.

Larry Darnell Belcher (Belcher) was indicted on seven charges of selling cocaine in violation of Code § 18.2-248. On May 16,…