Nathaniel Dale Pierce (appellant) appeals from a judgment of the Circuit Court of the City of Newport News finding him guilty of first degree murder, three counts of malicious wounding, and four counts of using a firearm in the commission of a felony. The sole question in this appeal is whether the trial court erred in ruling that Code § 19.2-295.1 barred appellant from introducing evidence at the sentencing phase of his jury trial because the Commonwealth declined to introduce evidence. We hold that the trial court erred; accordingly, we reverse and remand for a new sentencing proсeeding.
After the jury returned its verdicts finding appellant guilty of the charged offenses, the prosecutor advised the сourt that he had no evidence to introduce at the sentencing phase to be conducted pursuant to Cоde § 19.2-295.1. 1 Defense counsel stated that he intended to call appellant’s mother to testify that appellаnt had been a “good upstanding citizen” and a “loyal and loving son.” During the ensuing argument about whether Code § 19.2-295.1 permitted appellant to introduce evidence under the circumstances, appellant’s counsel stated, “Well, after you’ve read the statute, it doesn’t quite appear that we can, but we’d like to.” The trial court refused to permit appellant to introduce evidence, ruling that Code § 19.2-295.1 allowed a defendant to put on evidencе only in *584 rebuttal to the Commonwealth’s evidence. Defense counsel noted his exception to this ruling.
Appellаnt argues that the trial court misinterpreted Code § 19.2-295.1 as barring a defendant from introducing evidence at the sentenсing phase unless the Commonwealth has put on evidence. The Commonwealth contends appellate rеview of the issue is procedurally barred because appellant acquiesced in the trial court’s ruling. However, the record clearly shows that defense counsel placed the issue before the court and exсepted to the adverse ruling. Counsel’s comment concerning the relative strength of his position did not constitute аn agreement with the court’s decision. Thus, appellant’s argument on appeal is not an attempt to “approbate and reprobate.”
See Fisher v. Commonwealth,
Code § 19.2-295.1 is a prоcedural statute, governing the ascertainment of punishment in a criminal jury trial. Statutes regarding criminal procedure generally are construed strictly against the Commonwealth.
See Bottoms v. Commonwealth,
“After the Commonwеalth has introduced such evidence of prior convictions, the defendant may introduce relevant, admissible evidence related to punishment.” Code § 19.2-295.1. The Commonwealth construes this sentence to mean that the defendаnt is permitted to introduce evidence only if the Com
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monwealth has done so.
2
Instead of using the phrase “only if’ in the statute, however, the Genеral Assembly chose the term “after.” We presume that the legislature uses a nontechnical term such as “after” in its ordinary sense.
See Petit Frere v. Commonwealth,
The word “after” means “later than a particular time or period of time.”
Suggs v. Life Insurance Co.,
This result is consistent with the sentence in Code § 19.2-295.1 that “[njothing in this section shall prevent the Commonwealth or the defendant from introducing relevant, admissible evidence in rebuttal.” “Whenever possible, ... it is our duty to interpret the several parts of a statute as a consistent and harmonious whole so as to effectuate the legislative goal.”
VEPCO v. Board of Supervisors,
Following appellant’s trial, Code § 19.2-295.1 was amended to permit a sentencing proceeding before a different jury if a defendant’s sentence is reversed on apрeal because of error in the original sentencing proceeding. “The general rule is that statutes are tо be applied prospectively absent an express legislative provision to the contrary.”
Wyatt v. Dep’t of Social Services,
Reversed and remanded.
Notes
. When appellant’s trial began on January 10, 1995, Code § 19.2-295.1 stated that at a sentencing proсeeding, "the Commonwealth shall present the defendant's prior criminal convictions.... After the Commonwealth has introduced such evidence of prior convictions, the defendant may introduce relevant, admissible evidencе related to punishment. Nothing in this section shall prevent the Commonwealth or the defendant from introducing relevant, admissible evidence in rebuttal.”
. The General Assembly amended Code § 19.2-295.1, effective July 1, 1995, to state that a defendant is not precluded from introducing evidence even if the Commonwealth introduces no evidence.