Virginia Code
Va. Code Ann. § 19.2-308 (2026)
When two or more sentences run concurrently
✓ current as of May 2026
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When any person is convicted of two or more offenses, and sentenced to confinement, such sentences shall not run concurrently, unless expressly ordered by the court.
Code 1950, § 19.1-294; 1960, c. 366; 1975, c. 495.
Notes of Decisions
Cited in 43
cases (16 in the last 5 years), 1982–2025 · leading case: Commonwealth of Virginia v. Shawn Lynn Botkin, 805 S.E.2d 412 (Va. Ct. App. 2017).
Commonwealth of Virginia v. Shawn Lynn Botkin, 805 S.E.2d 412 (Va. Ct. App. 2017). “” Botkin argues that the statutory language “does not preclude the concurrent sentences for two violations of [Code] § 18.2-308.2(A)” to run concurrently if “expressly ordered by the court,” as in this case.”
Wood v. Commonwealth, 408 S.E.2d 568 (Va. Ct. App. 1991). “Code § 19.2-308. “Concurrent service is ‘expressly ordered,’ within the meaning of the statute, whenever the order contains a direction compliance with which will produce that result.”
Epps v. Commonwealth, 717 S.E.2d 151 (Va. Ct. App. 2011). “Before sentencing, Epps filed a motion requesting the trial court to vacate its finding of guilt and continue the case generally, or alternatively, to suspend imposition of sentence pursuant to Code § 19.2-308 with an implied final disposition that would avoid a conviction.”
Fitzgerald v. Commonwealth, 292 S.E.2d 798 (Va. 1982). “Moreover, in Code § 19.2-308 the General Assembly has provided, “When any person is convicted of two or more offenses, and sentenced to confinement, such sentences shall not run concurrently, unless expressly ordered by the court.”
Robertson v. Superintendent of Wise Corr. Unit, 445 S.E.2d 116 (Va. 1994). “The first order did not state whether the two sentences were to run concurrently or consecutively.”
Pierce v. Commonwealth, 633 S.E.2d 755 (Va. Ct. App. 2006). “Code § 19.2-308 requires that when a person is convicted and sentenced for two or more offenses, “such sentences shall not run concurrently, unless expressly ordered by the court.”
Moore v. Commonwealth, 497 S.E.2d 908 (Va. Ct. App. 1998). “Generally, a sentencing court has discretion under Code § 19.2-308 to order multiple prison sentences to run concurrently.”
Torri S. Waiters v. Commonwealth of Virginia, 536 S.E.2d 923 (Va. Ct. App. 2000). “Ordering the defendant to repay the sums he received from his sale of drugs to the police was a proper exercise of judicial discretion under Code § 19.2-308. Accordingly, we affirm. Affirmed.”
Commonwealth of Virginia v. Charles Lordell Jefferson, Jr., 732 S.E.2d 728 (Va. Ct. App. 2012). “” Code § 19.2-308, which delineates the general rule for sentencing in Virginia, provides that “[w]hen any person is convicted of two or more offenses, and sentenced to confinement, such sentences shall not run concurrently, unless expressly ordered by the court.”
Botkin v. Commonwealth, 819 S.E.2d 652 (Va. 2018). “2d 638 (2012) ; see Code § 19.2-308 ("When any person is convicted of two or more offenses .”
Robertson v. Super. of Wise Corr. Unit, 445 S.E.2d 116 (Va. 1994). “" Robertson was delivered into the custody of the VDOC on April 9, 1991. We will consider the three orders seriatim.”
Corey Deshawn Clemons v. Commonwealth of Virginia (Va. Ct. App. 2020). “1257, 1259 (1991) (citing Code § 19.2-308). Nevertheless, “[m]ultiple sentences are presumed to be served -3- consecutively” and will “‘not run concurrently, unless expressly ordered by the court.”
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