WT901
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- Joined
- Dec 1, 2011
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VA Code § 19.2-295. Ascertainment of punishment.
A. Within the limits prescribed by law, the term of confinement in the state correctional facility or in jail and the amount of fine, if any, of a person convicted of a criminal offense, shall be ascertained by the jury, or by the court in cases tried without a jury.
B. In any case in which a jury has fixed a sentence as provided in this chapter and the sentence is modified by the court pursuant to the authority contained within this chapter, the court shall file with the record of the case a written explanation of such modification including the cause therefor.
... The hell? I thought in criminal court it was always the judge.
Lol, my b.
You realize you just told an attorney who is licensed in VA that he was wrong on sentencing, right?
Of course I didn't, I have no idea who he is. I didn't know that states could even choose who determines the sentence... I have always been told throughout my education that it is always the judge.
'Preciate that Wake Forest edumacation lol.