1 BACKGROUND Graves pled guilty to a number of charges in connection with a murder, including use of a firearm in the commission of a felony. Accordingly, we reverse the judgment of the circuit court insofar as it imposes a sentence exceeding the punishment authorized by the General Assembly in Code § 18.2-53.1, vacate the two year suspended sentence, and remand the case for entry of a new sentencing order in conformity with this opinion. We agree with his construction of the statute, as does the Commonwealth. ![]() Graves challenges this sentence, arguing that the trial court sentenced him in excess of the statutory maximum. On July 6, 2007, the circuit court sentenced him to five years’ imprisonment with two years suspended on this charge. Graves of, among other crimes, using a firearm in the commission of a felony, in violation of Code § 18.2-53.1. Milam, Judge The Circuit Court of the City of Danville convicted Alphonzo D. ![]() ![]() McCULLOUGH OctoCOMMONWEALTH OF VIRGINIA FROM THE CIRCUIT COURT OF THE CITY OF DANVILLE Joseph W. PRESENT: All the Justices ALPHONZO DORRELL GRAVES v.
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