Botkin v. Commonwealth

Summary

The Supreme Court of Virginia held that mandatory minimum terms imposed under Virginia Code § 18.2-308.2(A) must be served consecutively with any other sentence, including mandatory minimum terms imposed for other violations of the same statute. Because the circuit court ordered Botkin’s sentences to run concurrently, the court held the sentences void ab initio and remanded for a new sentencing hearing.

Holdings

1. Code § 18.2-308.2(A) requires mandatory minimum terms imposed for multiple violations of that section to be served consecutively with any other sentence, including other mandatory minimum terms imposed under the same section.
2. Because the circuit court imposed sentences in violation of the statutory requirement that they run consecutively, the sentences were void ab initio, and Botkin was entitled to a new sentencing hearing on both sentences.

Questions Presented

1. Whether Code § 18.2-308.2(A)'s requirement that mandatory minimum terms be served consecutively with any other sentence requires consecutive service of multiple mandatory minimum terms imposed for multiple violations of that statute.
2. Whether the Court of Appeals properly remanded for resentencing, and whether Botkin was entitled to a new sentencing hearing rather than merely entry of a corrected sentencing order.

Disposition

reversed_and_remanded