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State court of last resort · ST-VA-SC
Grafmuller v. Commonwealth
No. 150433Supreme Court of Virginia
150433 Grafmuller v. Commonwealth 11/05/2015 When a felony sentence exceeds the maximum provided by law, the defendant has a constitutional and statutory right to be present at a hearing for resentencing, whic…
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150433 Grafmuller v. Commonwealth 11/05/2015 When a felony sentence exceeds the maximum provided by law, the defendant has a cons…
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- Supreme Court of Virginia
- First seen
- Oct 4, 2026
- Last entry
- Nov 5, 2015
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150433 Grafmuller v. Commonwealth 11/05/2015 When a felony sentence exceeds the maximum provided by law, the defendant has a constitutional and statutory right to be present at a hearing for resentencing, which is a critical stage of the proceedings that can affect his interest. This bright-line rule is not limited to cases in which the prior sentence was imposed by a jury, and applies equally to sentences imposed by a judge. In this case, involving a defendant who had entered Alford pleas of guilty to various sexual offenses involving minors, the judgment of the circuit court entered upon a resentencing -- without first holding a new sentencing hearing at which the defendant was present --…
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