Virginia law § 19.2-295 outlines the procedures for determining a defendant's punishment after conviction. It specifies when the court or jury determines the sentence, including the process for jury-requested sentencing and court modifications. The law also requires written explanations for any sentence modifications made by the court.
The court generally determines the punishment unless the accused requests the jury to do so, which must be filed at least 30 days before trial.
Yes, if the accused requests it in writing at least 30 days before trial, the jury can determine the punishment instead of the court.
The court must file a written explanation of the modification and the reasons for it in the case record.
The court must provide a written explanation for the modification, including the reasons for the change, and file it with the case record.