PRESENT: Carrico, C.J., Lacy, Hassell, Koontz, Kinser, and
Lemons, JJ., and Compton, S.J.
MARIO UDASCO DALO
PER CURIAM
v. Record No. 020321 November 1, 2002
COMMONWEALTH OF VIRGINIA
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.
Affirmed.