A. Within the limits prescribed by law, the court shall ascertain the term of confinement in the state correctional facility or in jail and the amount of fine, if any, when a person is convicted of a criminal offense, unless the accused is tried by a jury and has requested that the jury ascertain punishment. Such request for a jury to ascertain punishment shall be filed as a written pleading with the court at least 30 days prior to trial.
B. When the accused is tried by a jury, deliberations of the jury shall be confined to a determination of the guilt or innocence of the accused, except that when the ascertainment of punishment by the jury has been requested by the accused, a proceeding in accordance with § 19.2-295.1 shall apply.
C. 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.
Code 1950, §§ 19.1-291, 19.1-292; 1960, c. 366; 1975, c. 495; 2007, c. 259; 2020, Sp. Sess. I, c. 43.
Notes of Decisions
Cited in
61
cases (
19 in the last 5 years), 1976–2026 · leading case:
Alston v. Com., 652 S.E.2d 456 (Va. 2007).
Alston v. Com., 652 S.E.2d 456 (Va. 2007).
· cites it 26× “He grounds this argument in his reading of Code § 19.2-295 as a state law limitation on the statutory maximum, but alternatively asserts that the circuit court also engaged in the type of additional fact-finding Apprendi prohibits.”
Jones v. Commonwealth, 795 S.E.2d 705 (Va. 2017).
· cites it 2× “21 See also Code § 19.2-295(A) ("Within the limits prescribed by law, the term of confinement .”
Allard v. Commonwealth, 480 S.E.2d 139 (Va. Ct. App. 1997).
· cites it 6× “” Code § 19.2-295. In addition, Code § 19.2-303 provided that “[a]fter conviction, whether with or without jury,” the court could suspend the sentence, or a portion thereof, and order probation.”
Jason N. Creamer v. Commonwealth of Virginia, 767 S.E.2d 226 (Va. Ct. App. 2015).
· cites it 2× “In each case, the prosecutor objected to particular evidence the defendant attempted to *197 elicit, arguing that it was not relevant under Code § 19.2-295. In each case, defense counsel stated contemporaneously and generally what testimony he intended to elicit.”
Frye v. Commonwealth, 345 S.E.2d 267 (Va. 1986).
· cites it 2× “In view of the statutory language, it is understandable that the prosecutor and the trial court inadvertently stated the law in a manner that could have misled the jury.”
O'Dell v. Commonwealth, 364 S.E.2d 491 (Va. 1988).
· cites it 2× “2-298; the jury does not sentence the defendant, it only “ascertains” the punishment in its verdict, Code § 19.2-295. Over the Commonwealth’s objection, O’Dell argued successfully for Ray’s participation in the suppression hearings.”
United States v. Fields, 483 F.3d 313 (5th Cir. 2007).
“Finally, several states, including Texas, allow jury sentencing in noncapital cases.”
Elliott Thomas Webb, Jr. v. Commonwealth of Virginia, 768 S.E.2d 696 (Va. Ct. App. 2015).
· cites it 10× “1 in conjunction with Code § 19.2-295, which provides a defendant with a statutory right to have a jury ascertain his punishment, subject to certain limitations and qualifications.”
Boyd v. Commonwealth, 507 S.E.2d 107 (Va. Ct. App. 1998).
· cites it 5× “2d 126, 132 (1997); see also Code §§ 19.2-295, 19.2-295.1. “This phenomenon [of jury sentencing] did not arise by accident; the General Assembly made a conscious decision to depart from the common law, under which the court sentenced the defendant.”
Runyon v. Commonwealth, 513 S.E.2d 872 (Va. Ct. App. 1999).
· cites it 2× “See Code § 19.2-295. See also Jones v. Commonwealth, 194 Va.”
Ballard v. Commonwealth, 321 S.E.2d 284 (Va. 1984).
· cites it 3× “*215 This appeal involves a constitutional challenge to the Virginia procedure in criminal cases whereby an adult tried by jury has his sentence fixed by the jury, Code § 19.2-295, 1 while a juvenile transferred to circuit court and tried by jury has his sentence fixed by the…”
— Va. Code Ann. § 19.2-295(A) — 14 cases
Jones v. Commonwealth, 795 S.E.2d 705 (Va. 2017).
“21 See also Code § 19.2-295(A) ("Within the limits prescribed by law, the term of confinement .”
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