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courtroom for instruction from Judge Penn on points of law.
When asked if two 20 year sentences could run consecutively Penn replied in writing that sentences in Virginia always ran consecutively unless ordered otherwise by the judge. He later informed the jury that they couldn’t bring in indefinite sentences of twenty years to life nor could they recommend that Carter be sentenced to 20 years with no parole.
Finally, after almost two hours, the foreman announced that the jury had reached a unanimous verdict and read the decision that held Frank “Junior” Carter guilty of two counts of first degree murder with a recommended sentence of 40 years on each count.
Defense attomies asked for a presentence report from the parole and probation officer. In response, Judge Penn continued sentencing until January 9. Biddle asked for a reduction in Carter’s bail, previously set at $50,000. Commonwealth Attorney George Davis opposed the reduction but before he had time to present his arguments, Judge Penn denied the defense request. “These were very brutal murders,” stated Judge Penn. “The court feels this a correct bond.”
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