the ‘cooling time’ was less than -half an hour”). We note finally that a verdict of manslaughter would have resulted in a substantially shorter sentence. Under Virginia law, second degree murder is punishable by a maximum of forty years in prison. Va.Code § 18.2-32. By contrast, manslaughter is a Class 5 Felony punishable by a maximum of ten years in prison. Va.Code §§ 18.2-35, 18.2-10(e). Here, Lee was sentenced to the maximum term for second degree murder. Because there is a reasonable probability that the jury would have found Lee guilty only of manslaughter, he would have received a sentence at least thirty years shorter. This difference in the applicable sentences is undoubtedly prejudicial. See Glover v. United States, 531 U.S. 198, 202-04, 121 S.Ct. 696, 148 L.Ed.2d 604 (2001) (<HOLDING>). In sum, the trial court should have given the
holding that when the prejudice from a sixth amendment violation is limited to the admission into evidence of the mental health testimony harmless error analysis applies holding that there is no sixth amendment error when the sentence does not exceed the maximum authorized by facts the defendant admitted holding that the court lacks jurisdiction over sixth amendment claims because the sixth amendment is not moneymandating holding that sixth amendment prejudice resulted from an unasserted error that added six to twentyone months to the defendants sentence holding that the fourteenth amendment incorporated the sixth amendment right to counsel