Opinion
Record No. 020321.
November 1, 2002.
Present: Carrico, C.J., Lacy, Hassell, Koontz, Kinser, and Lemons, JJ., and Compton, S.J.
In two proceedings relating to a single incident in which his vehicle struck and killed a pedestrian, defendant was convicted in the general district court of driving under the influence of alcohol in violation of Code § 18.2-266, and then convicted in circuit court for involuntary manslaughter in violation of Code § 18.2-36.1. The trial court denied a motion to dismiss the manslaughter charge on double jeopardy grounds. The Court of Appeals affirmed, after a review of the purposes and language of the manslaughter statute and cognate provisions, finding that the General Assembly clearly indicated its intent to allow multiple punishments for violations of Code § 18.2-36.1 and the drunk driving laws.
For the reasons set forth in the opinion of the Court of Appeals, the judgment is affirmed.
Steven C. Frucci ( Brydges, O'Brien Frucci, on briefs), for appellant.
Virginia B. Theisen, Assistant Attorney General ( Jerry W. Kilgore, Attorney General, on brief), for appellee.
In this appeal, the Court reviews a judgment of the Court of Appeals of Virginia which affirmed a circuit court judgment convicting the accused of involuntary manslaughter, in violation of Code § 18.2-36.1, after he had been convicted of driving while intoxicated, in violation of Code § 18.2-266, based upon the same evidence. Dalo v. Commonwealth, 37 Va. App. 156, 554 S.E.2d 705 (2001).
The Court of Appeals held that double jeopardy principles did not bar the conviction of involuntary manslaughter following the conviction of driving while intoxicated.
For the reasons set forth in the opinion of the Court of Appeals, we will affirm that court's judgment.
Affirmed.