Dalo v. Commonwealth

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.