Brown v. Commonwealth
| Decision Date | 15 January 2010 |
| Docket Number | Record No. 090201,Record No. 090161 |
| Court | Virginia Supreme Court |
| Parties | DWAYNE JAMAR BROWN v. COMMONWEALTH OF VIRGINIA DEMETRIOUS OMAR BROWN v. COMMONWEALTH OF VIRGINIA |
PRESENT: Koontz, Kinser, Lemons, Goodwyn, and Millette, JJ.,
and Carrico and Russell, S.JJ.
OPINION BY
In these appeals, we consider whether a juvenile who has been tried as an adult and found guilty of a crime that has a mandatory minimum sentence may be sentenced to a juvenile disposition, pursuant to Code § 16.1-272, rather than the mandatory minimum sentence. As a preliminary matter, we also consider whether the Commonwealth properly preserved its bases for appeal as required by Rule 5A:18.
When Demetrious Omar Brown (Demetrious) was sixteen and his cousin Dwayne Jamar Brown (Dwayne) was fifteen, they participated in the armed robbery of a group of people who had gathered in an apartment to play cards. Demetrious and Dwayne both waived their rights to a preliminary hearing in the juvenile and domestic relations district court under Code§ 16.1-270, and were certified for trial as adults under Code § 16.1-269.1. In the circuit court, Demetrious and Dwayne pled guilty to numerous charges, including five counts of use of a firearm in the commission of a felony in violation of Code § 18.2-53.1.1
The Circuit Court of Bedford County held Demetrious' sentencing hearing on March 25, 2008. Demetrious' counsel argued for Demetrious to receive a juvenile disposition on the five convictions for use of a firearm in the commission of a felony. The Commonwealth argued that Demetrious' five convictions for use of a firearm required the circuit court to impose the mandatory minimum sentence set forth for each in the use of a firearm statute, Code § 18.2-53.1.
The circuit court responded by taking a recess to review Bullock. Thereafter, the Commonwealth reiterated that it was "relying on Bullock."
The circuit court held that Bullock prevented the circuit court from imposing a juvenile disposition on a use of a firearm charge under Code § 16.1-272(A)(1), but that the court could impose a juvenile disposition pursuant to Code § 16.1-272(A)(2). As his sentence on the use of a firearm in the commission of a felony charges, the circuit court ordered Demetrious committed to the Department of Juvenile Justice until his twentieth birthday. See Code § 16.1-285.1. The circuit court imposed adult time sentences for the remaining offenses, with all sentences to run concurrently, for a total period of incarceration of twenty-five years, and suspended that adult time.
The Circuit Court of Bedford County held Dwayne's sentencing hearing on April 4, 2008. Dwayne's counsel argued for Dwayne to receive a juvenile disposition on the five convictions for use of a firearm in the commission of a felony. The Commonwealth recommended that Dwayne receive the mandatoryminimum sentence for each of the five convictions for use of a firearm in the commission of a felony. However, the Commonwealth also stated, "Obviously the Court has discretion to treat [Dwayne] as a juvenile, treat him as an adult or to come up with a split disposition in the case, sentence him to a juvenile facility until he's eighteen and then transfer him to an adult facility." Acknowledging that the circuit court sentenced Demetrious as a juvenile, the Commonwealth noted Dwayne's more extensive prior record and stated, "I really see nothing to be gained by treating Dwayne Brown as a juvenile in this case." The prosecutor did not mention the Bullock decision or the reasoning stated therein.
The circuit court classified Dwayne's convictions for use of a firearm in the commission of a felony as "non-violent juvenile felonies," imposed a juvenile disposition for those convictions under Code § 16.1-272(A)(2) and committed Dwayne to the Department of Juvenile Justice until his eighteenth birthday. As to the remaining convictions, the judge gave Dwayne "a sentence of 25 years in the penitentiary, suspended after the service of 24 months in jail," commencing on his eighteenth birthday.
The Court of Appeals granted the Commonwealth's appeal as to the sentences imposed upon Demetrious and Dwayne for theconvictions of use of a firearm in the commission of a felony. Upon a motion by the Commonwealth, the two cases were consolidated. Both defendants claimed that the Commonwealth had failed to properly preserve for appeal, as required by Rule 5A:18, its argument that the circuit court did not have the discretion to sentence the defendants to juvenile dispositions on the use of a firearm charges. In an unpublished opinion, the Court of Appeals held that the Commonwealth had complied with Rule 5A:18 in both cases, and that the circuit court erred when it imposed juvenile dispositions upon Demetrious and Dwayne instead of the mandatory minimum sentences prescribed in Code § 18.2-53.1. The Court of Appeals vacated the sentences imposed for each defendant's convictions and remanded the proceedings against each defendant for resentencing consistent with its opinion. Commonwealth v. Brown, Record Nos. 0919-083, 0920-08-3 (Nov. 25, 2008).
On appeal to this Court, both Demetrious and Dwayne argue that the Commonwealth failed to preserve for appeal, as required by Rule 5A:18, its argument that the circuit court did not have the discretion to sentence the defendants to juvenile dispositions on their convictions for use of a firearm in the commission of a felony. They claim that the Court of Appealserred in holding that the Commonwealth satisfied the requirements of Rule 5A:18.2 Because these appeals involve two separate sentencing hearings, we will separately analyze the relevant issues.
Demetrious contends that under Rule 5A:18 the Commonwealth did not preserve the sentencing issue for appeal because the Commonwealth did not object to the court's imposition of a juvenile disposition upon Demetrious. The Commonwealth responds that it satisfied Rule 5A:18 by making the circuit court aware of its position on mandatory sentencing. The Commonwealth contends that it argued consistently that Code § 18.2-53.1 and Bullock required the circuit court to impose the mandatory minimum sentences specified in Code § 18.2-53.1 and limited the circuit court's ability to sentence Demetrious as a juvenile. We agree with the Commonwealth.
As a question of law, the interpretation of Rule 5A:18 requires de novo review. Jay v. Commonwealth, 275 Va. 510, 517, 659 S.E.2d 311, 315 (2008) (). Rule 5A:18 requires a litigant to make timely and specific objections, so that the trial court has "an opportunity to rule intelligently on the issues presented, thus avoiding unnecessary appeals and reversals." West v. Commonwealth, 43 Va. App. 327, 337, 597 S.E.2d 274, 278 (2004). The Court of Appeals has held that a litigant may satisfy Rule 5A:18 in multiple ways. Lee v. Lee, 12 Va. App. 512, 515, 404 S.E.2d 736, 738 (1991). Moreover, in reference to Rule 5A:18's Supreme Court Rule counterpart, Rule 5:25, this Court recently stated that Code § 8.01-384 controls our interpretation of the rule. Helms v. Manspile, 277 Va. 1, 7, 671 S.E.2d 127, 130 (2009). Code § 8.01-384(A) should likewise inform an interpretation of Rule 5A:18.
Code § 8.01-384(A) provides as follows:
Formal exceptions to rulings or orders of the court shall be unnecessary; . . . it shall be sufficient that a party, at the time the ruling or order of the court is made or sought, makes known to the court the action which he desires the court to take or his objections to the action of the court and his grounds therefor; . . . . Arguments made at trial via written pleading, memorandum, recital of objections in a final order, oral argument reduced to transcript, or agreed written statements of facts shall, unless expressly withdrawn or waived, be deemed preserved therein for assertion on appeal.
Under Code § 8.01-384(A) and our analysis in Helms, if a trial court is aware of a litigant's legal position and the litigant did not expressly waive such arguments, the arguments remainpreserved for appeal. Helms, 277 Va. at 7, 671 S.E.2d at 129-30.
The Commonwealth preserved for appeal its arguments concerning the issue of Demetrious' sentences because the Commonwealth made the circuit court aware of its position. At Demetrious' sentencing hearing, the Commonwealth argued that the mandatory minimum sentence applied to Demetrious' five convictions for use of a firearm in the commission of a felony because Bullock controlled the circuit court's sentencing determination. The Commonwealth argued, expressly relying upon the Bullock decision, that the circuit court lacked discretion to impose a juvenile disposition under Code § 16.1-272 where a juvenile tried as an adult was found guilty of violating Code § 18.2-53.1. Even after the circuit court took a recess to review Bullock, the Commonwealth reiterated that its argument relied on Bullock.
The record indicates that the circuit court understood the Commonwealth's position; the circuit court...
To continue reading
Request your trial