Terrance Kevin Hall v. Commonwealth of Virginia
68 Va. App. 391
| Va. Ct. App. | 2018Background
- Terrance Kevin Hall pled guilty to three counts of distribution of cocaine (second or subsequent offense) based on three sales in late 2014; two sales also produced school‑zone convictions (unchallenged).
- At a February 2017 sentencing hearing, Hall sought to avoid statutory mandatory minimums under Code § 18.2‑248(C) by invoking the subsection’s five‑factor "safety valve."
- The only disputed factor was § 18.2‑248(C)(e), which requires that, “not later than the time of the sentencing hearing,” the defendant have "truthfully provided to the Commonwealth all information and evidence" concerning related offenses.
- Moments before the sentencing hearing began, Hall’s counsel gave the Commonwealth a two‑page handwritten statement from Hall describing his supplier relationship and saying he had no further supplier information.
- The circuit court found the disclosure untimely and insufficient to permit verification, denied relief under the safety‑valve, and imposed mandatory minimum prison terms; Hall appealed.
Issues
| Issue | Hall's Argument | Commonwealth's Argument | Held |
|---|---|---|---|
| Whether disclosure "not later than the time of the sentencing hearing" permits disclosure made immediately before the hearing | Hall: Disclosure provided before the hearing began is per se timely | Commonwealth: "Not later than the time" requires disclosure before the commencement so the Commonwealth can assess it | Court: Disclosure must be before the hearing and sufficiently in advance to permit the Commonwealth to test veracity and completeness; Hall’s last‑minute submission was untimely |
| Whether timeliness alone suffices under § 18.2‑248(C)(e) | Hall: If timely, satisfies (e) | Commonwealth: (e) also requires truthful, complete information that can be verified | Court: Timing plus opportunity for verification are required; truthful/completeness component mandates Commonwealth be able to assess the information |
Key Cases Cited
- Commonwealth v. Greer, 63 Va. App. 561 (appellate review standards for sentencing)
- Sandidge v. Commonwealth, 67 Va. App. 150 (clarifying that "not later than the time of the sentencing hearing" means prior to commencement and requiring time for verification)
- Kohl’s Dep’t Stores v. Va. Dep’t of Taxation, 294 Va. 57 (use plain meaning for unambiguous statutes)
- Va. Elec. & Power Co. v. Bd. of Cty. Supervisors, 226 Va. 382 (statutory parts must be read consistently)
- S. Ry. Co. v. Commonwealth, 206 Va. 831 (courts may not add requirements not in statute)