Lafleur v. Commonwealth

Opinion

BARROW, J.

— In this criminal appeal we conclude that the mandatory sentence required upon a conviction for the use of a firearm during the commission of a felony prevents a trial court from sentencing a person to an indeterminate commitment to the Department of Corrections.

The accused, a nineteen year old with no prior criminal record, was convicted on a guilty plea of four counts of robbery and four counts of use of a firearm in the commission of a felony. At sentencing the trial court ruled that the mandatory provisions of Code § 18.2-53.1 prevented sentencing the accused to an…