§ 19.2-295.1. Sentencing proceeding by the jury after conviction.
In cases of trial by jury, upon a finding that the defendant is guilty of afelony or a Class 1 misdemeanor, or upon a finding in the trial de novo of anappealed misdemeanor conviction that the defendant is guilty of a Class 1misdemeanor, a separate proceeding limited to the ascertainment of punishmentshall be held as soon as practicable before the same jury. At suchproceeding, the Commonwealth may present any victim impact testimony pursuantto § 19.2-295.3 and shall present the defendant's prior criminal history,including prior convictions and the punishments imposed, by certified,attested or exemplified copies of the final order, including adultconvictions and juvenile convictions and adjudications of delinquency. Priorconvictions shall include convictions and adjudications of delinquency underthe laws of any state, the District of Columbia, the United States or itsterritories. The Commonwealth shall provide to the defendant 14 days prior totrial notice of its intention to introduce copies of final orders evidencingthe defendant's prior criminal history, including prior convictions andpunishments imposed. Such notice shall include (i) the date of each priorconviction, (ii) the name and jurisdiction of the court where each priorconviction was had, (iii) each offense of which he was convicted, and (iv)the punishment imposed. Prior to commencement of the trial, the Commonwealthshall provide to the defendant photocopies of certified copies of the finalorders which it intends to introduce at sentencing. After the Commonwealthhas introduced in its case-in-chief of the sentencing phase such evidence ofprior convictions or victim impact testimony, or both, or if no such evidenceis introduced, the defendant may introduce relevant, admissible evidencerelated to punishment. Nothing in this section shall prevent the Commonwealthor the defendant from introducing relevant, admissible evidence in rebuttal.
If the jury cannot agree on a punishment and if the defendant, the attorneyfor the Commonwealth, and the court agree, in the manner provided in §19.2-257, then the court shall fix punishment.
If the sentence imposed pursuant to this section is subsequently set aside orfound invalid solely due to an error in the sentencing proceeding, the courtshall impanel a different jury to ascertain punishment, unless the defendant,the attorney for the Commonwealth and the court agree, in the manner providedin § 19.2-257, that the court shall fix punishment.
(1994, cc. 828, 860, 862, 881; 1995, c. 567; 1996, c. 664; 2001, c. 389;2007, cc. 388, 478.)
§ 19.2-295.1. Sentencing proceeding by the jury after conviction.
In cases of trial by jury, upon a finding that the defendant is guilty of afelony or a Class 1 misdemeanor, or upon a finding in the trial de novo of anappealed misdemeanor conviction that the defendant is guilty of a Class 1misdemeanor, a separate proceeding limited to the ascertainment of punishmentshall be held as soon as practicable before the same jury. At suchproceeding, the Commonwealth may present any victim impact testimony pursuantto § 19.2-295.3 and shall present the defendant's prior criminal history,including prior convictions and the punishments imposed, by certified,attested or exemplified copies of the final order, including adultconvictions and juvenile convictions and adjudications of delinquency. Priorconvictions shall include convictions and adjudications of delinquency underthe laws of any state, the District of Columbia, the United States or itsterritories. The Commonwealth shall provide to the defendant 14 days prior totrial notice of its intention to introduce copies of final orders evidencingthe defendant's prior criminal history, including prior convictions andpunishments imposed. Such notice shall include (i) the date of each priorconviction, (ii) the name and jurisdiction of the court where each priorconviction was had, (iii) each offense of which he was convicted, and (iv)the punishment imposed. Prior to commencement of the trial, the Commonwealthshall provide to the defendant photocopies of certified copies of the finalorders which it intends to introduce at sentencing. After the Commonwealthhas introduced in its case-in-chief of the sentencing phase such evidence ofprior convictions or victim impact testimony, or both, or if no such evidenceis introduced, the defendant may introduce relevant, admissible evidencerelated to punishment. Nothing in this section shall prevent the Commonwealthor the defendant from introducing relevant, admissible evidence in rebuttal.
If the jury cannot agree on a punishment and if the defendant, the attorneyfor the Commonwealth, and the court agree, in the manner provided in §19.2-257, then the court shall fix punishment.
If the sentence imposed pursuant to this section is subsequently set aside orfound invalid solely due to an error in the sentencing proceeding, the courtshall impanel a different jury to ascertain punishment, unless the defendant,the attorney for the Commonwealth and the court agree, in the manner providedin § 19.2-257, that the court shall fix punishment.
(1994, cc. 828, 860, 862, 881; 1995, c. 567; 1996, c. 664; 2001, c. 389;2007, cc. 388, 478.)
§ 19.2-295.1. Sentencing proceeding by the jury after conviction.
In cases of trial by jury, upon a finding that the defendant is guilty of afelony or a Class 1 misdemeanor, or upon a finding in the trial de novo of anappealed misdemeanor conviction that the defendant is guilty of a Class 1misdemeanor, a separate proceeding limited to the ascertainment of punishmentshall be held as soon as practicable before the same jury. At suchproceeding, the Commonwealth may present any victim impact testimony pursuantto § 19.2-295.3 and shall present the defendant's prior criminal history,including prior convictions and the punishments imposed, by certified,attested or exemplified copies of the final order, including adultconvictions and juvenile convictions and adjudications of delinquency. Priorconvictions shall include convictions and adjudications of delinquency underthe laws of any state, the District of Columbia, the United States or itsterritories. The Commonwealth shall provide to the defendant 14 days prior totrial notice of its intention to introduce copies of final orders evidencingthe defendant's prior criminal history, including prior convictions andpunishments imposed. Such notice shall include (i) the date of each priorconviction, (ii) the name and jurisdiction of the court where each priorconviction was had, (iii) each offense of which he was convicted, and (iv)the punishment imposed. Prior to commencement of the trial, the Commonwealthshall provide to the defendant photocopies of certified copies of the finalorders which it intends to introduce at sentencing. After the Commonwealthhas introduced in its case-in-chief of the sentencing phase such evidence ofprior convictions or victim impact testimony, or both, or if no such evidenceis introduced, the defendant may introduce relevant, admissible evidencerelated to punishment. Nothing in this section shall prevent the Commonwealthor the defendant from introducing relevant, admissible evidence in rebuttal.
If the jury cannot agree on a punishment and if the defendant, the attorneyfor the Commonwealth, and the court agree, in the manner provided in §19.2-257, then the court shall fix punishment.
If the sentence imposed pursuant to this section is subsequently set aside orfound invalid solely due to an error in the sentencing proceeding, the courtshall impanel a different jury to ascertain punishment, unless the defendant,the attorney for the Commonwealth and the court agree, in the manner providedin § 19.2-257, that the court shall fix punishment.
(1994, cc. 828, 860, 862, 881; 1995, c. 567; 1996, c. 664; 2001, c. 389;2007, cc. 388, 478.)
