Brown v. Commonwealth
Annotate this CaseAppellant was convicted of three counts of robbery and three counts of use or display of a firearm in committing those felonies. The circuit court ran the firearm sentences consecutively based upon what it interpreted as court of appeals precedent. Appellant appealed, arguing that neither the language of the use or display of a firearm statute, Va. Code Ann. 18.2-53.1, nor the language of the mandatory minimum sentencing statute prohibited the sentences imposed for such firearm charges from being run concurrently with each other. The court of appeals denied Appellant's appeal. The Supreme Court reversed and remanded, holding (1) multiple sentences imposed pursuant to Code 18.2-53.1 may be run concurrently; and (2) to the extent that the holding in Bullock v. Commonwealth was inconsistent with the holding here, that portion of the court of appeals' decision was reversed. Remanded for resentencing.
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