BELCHER v. COM.

Record No. 2256-91-3.

435 S.E.2d 160 (1993)

Larry Darnell BELCHER v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia.

September 14, 1993.


Attorney(s) appearing for the Case

Gilbert K. Davis, Fairfax, for appellant.

Thomas C. Daniel, Asst. Atty. Gen. (Stephen D. Rosenthal, Atty. Gen., on brief), for appellee.

Present: MOON, C.J., and BARROW and KOONTZ, JJ.


KOONTZ, Judge.

In this appeal, we must determine whether the trial judge erred in using the Voluntary Sentencing Guidelines (guidelines) in effect at the time of sentencing, rather than those in effect at the time the crime was committed, when the new guidelines permitted a harsher range of punishment. Because application of the guidelines is voluntary and the trial judge set the sentence within the range established by the legislature, we find no error and affirm...

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