NOTICE: The opinions posted here are
subject to formal revision. If you find a typographical error or
other formal error, please notify the Supreme Court of Virginia.
Carrico, C.J., Lacy, Hassell, Koontz, Kinser, and Lemons, JJ., and Compton, S.J.
Record No. 020321
MARIO UDASCO DALO
COMMONWEALTH OF VIRGINIA
November 1, 2002
FROM THE COURT OF APPEALS OF VIRGINIA
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.