Johnson v. Commonwealth

ALSTON, Judge.

Derick Antoine Johnson (appellant) appeals the five-year sentence imposed upon him by the trial court for his conviction of possession of a firearm by a convicted felon, pursuant to Code § 18.2-308.2. Appellant contends the five-year mandatory sentence under this statutory provision violates the separation of powers doctrine of the Virginia Constitution. Appellant argues the General Assembly usurped a judicial function in creating the statutory framework under Code § 18.2-308.2 by mandating a specific sentence of five years, and divesting the court of any discretion to determine…