Vasquez v. Dotson

Syllabus

04/18/2024 Considering a petition for a writ of habeas corpus in which the petitioner, who pleaded guilty in 2019 to, inter alia, an amended charge of conspiracy to commit a felony, namely, first-degree murder in violation of Code § 18.2-22, asserts that he has a right under the early-release statute, Code § 53.1-202.3, to an early release from prison, the literal text of that statute, when contextually construed using neutral principles of statutory interpretation, demonstrates that it applies to his conspiracy conviction. Petitioner was never convicted of murder in violation of Code § 18.2-32, and because the General Assembly chose not to disqualify conspiracy to commit murder from the calculation of enhanced earned-sentence credits under Code § 53.1-202.3, the petitioner is entitled to these credits and thus to early release from prison. The petition is granted, and a writ of habeas corpus is awarded and issued, ordering that the petitioner be released from custody.