Legal Opinion

Graves v. Commonwealth

Supreme Court of Virginia

Decided October 12, 2017No. Record 160688PublishedCited by 8 opinions

1Opinion of the Court

OPINION BY JUSTICE STEPHEN R. McCULLOUGH

The Circuit Court of the City of Danville convicted Alphonzo D. Graves of, among other crimes, using a firearm in the commission of a felony, in violation of Code § 18.2-53.1. On July 6, 2007, the circuit court sentenced him to five years' imprisonment with two years suspended on this charge. Graves challenges this sentence, arguing that the trial court sentenced him in excess of the statutory maximum. We agree with his construction of the statute, as does the Commonwealth. Accordingly, we reverse the judgment of the circuit court insofar as it imposes…

Also in this document: Dissent.

2Cases cited72 opinions

  1. Alleyne v. United StatesSupreme Court of the United States · 2013
  2. Caminetti v. United StatesSupreme Court of the United States · 1917
  3. Davis v. Michigan Department of the TreasurySupreme Court of the United States · 1989
  4. Custis v. United StatesSupreme Court of the United States · 1994
  5. United States v. FisherSupreme Court of the United States · 1805

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3Cited by8 opinions

  1. Bragg v. Bd. of Supervisors of Rappahannock Cnty.Supreme Court of Virginia · 2018
  2. Robert Lee Jones v. Commonwealth of VirginiaCourt of Appeals of Virginia · 2017
  3. Raymeka Monique White v. Commonwealth of VirginiaCourt of Appeals of Virginia · 2017
  4. Botkin v. CommonwealthSupreme Court of Virginia · 2018
  5. Watson v. CommonwealthSupreme Court of Virginia · 2019

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