Andrew Robert Alston v. Commonwealth of Virginia.

Summary

The Supreme Court of Virginia affirmed the judgment of the Court of Appeals upholding a three-year term of postrelease supervision imposed under Code § 19.2-295.2 in addition to a jury-recommended three-year active sentence for voluntary manslaughter. Holding that the jury's verdict of guilty was the sole factual predicate the statute required, the court found no Sixth Amendment violation under Apprendi and its progeny because the trial judge's selection of the term within the six-month-to-three-year range involved no additional fact-finding. The court also rejected a facial challenge under the Salerno standard, held the due process and arbitrary-action/abuse-of-discretion claims procedurally defaulted, and concluded the statute's plain language — 'in addition to any other punishment imposed' — is consistent with legislative intent.