JOHNSON v. COM.

Record No. 2919-08-3.

692 S.E.2d 651 (2010)

56 Va. App. 244

Derick Antoine JOHNSON v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Salem.

May 18, 2010.


Attorney(s) appearing for the Case

Keith Orgera, Assistant Public Defender (Office of the Public Defender, on brief), for appellant.

Eugene Murphy, Senior Assistant Attorney General (William C. Mims, Attorney General, on brief), for appellee.

Present: ELDER, PETTY and ALSTON, JJ.


ALSTON, Judge.

Derick Antoine Johnson (appellant) appeals the five-year sentence imposed upon him by the trial court for his conviction of possession of a firearm by a convicted felon, pursuant to Code § 18.2-308.2. Appellant contends the five-year mandatory sentence under this statutory provision violates the separation of powers doctrine of the Virginia Constitution. Appellant argues the General Assembly usurped a judicial function in creating the statutory...

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