PRESENT: Lemons, C.J., Goodwyn, Mims, Powell, Kelsey and
McCullough, JJ., and Millette, S.J.
BERNARD GOODWYN JUSTICE
THE COURT OF APPEALS OF VIRGINIA In this appeal of a judgment
from the Court of Appeals, we consider whether the Court of
Appeals erred when it held that multiple mandatory minimum
terms of imprisonment, imposed for multiple convictions under
Code § 18.2-308.2(A), are required to be served
August 1, 2016, Botkin was indicted by a grand jury of the
Circuit Court of Scott County, for two counts of possession
of a firearm within ten years of having been convicted of a
felony, in violation of Code § 18.2-308.2(A).
Botkin's possessions were alleged to have occurred on two
separate occasions in November 2015. Botkin pled guilty to
both charges and the circuit court held a sentencing hearing.
the sentencing hearing, the Commonwealth argued that under
Code § 18.2-308.2(A), each of Botkin's convictions
was subject to a mandatory minimum sentence of two years, and
that each of those mandatory sentences was required to run
consecutively with any other sentence, including each other.
Botkin disagreed and argued that Code § 18.2-308.2(A)
allowed the two mandatory minimum sentences imposed under
that statute to run concurrently with each other.
March 16, 2017, the circuit court entered an order sentencing
Botkin to five years for each violation of Code §
18.2-308.2(A), with three years suspended on each sentence.
The circuit court ordered that the sentences run
Commonwealth appealed the concurrent sentences to the Court
of Appeals, which reversed the ruling of the circuit court.
In a published opinion, Commonwealth v. Botkin, 68
Va.App. 177 (2017), the Court of Appeals held that
the trial court erred in ordering that the sentences for
Botkin's two convictions under Code § 18.2-308.2 run
concurrently. Accordingly, we reverse the judgment of the
circuit court insofar as it imposes concurrent sentences,
vacate the portion of the order that so provides, and remand
for sentencing in conformity with this opinion. See
Graves v. Commonwealth, 294 Va. 196, 221 (2017).
Id. at 182.
appeals. This Court granted two assignments of error:
1. The Court of Appeals erred when it confined its
interpretation of language in Virginia Code §
18.2-308.2(A) to the phrase "shall be served
consecutively with any other sentence," instead of the
entire sentence which reads, "The mandatory minimum term
of imprisonment prescribed for violation of this section
shall be served consecutively with any other sentence."
2. The Court of Appeals erred when it held this case should
be remanded to the circuit court "for sentencing in
conformity with [its] opinion," based on Graves v.
Commonwealth, 294 Va. 196, 805 S.E.2d 226 (2017),