Washington v. Commonwealth

FITZPATRICK, Chief Judge.

Darrell Washington (appellant) was convicted in a jury trial of robbery, in violation of Code § 18.2-58, and use of a firearm while committing a robbery, in violation of Code § 18.2-53.1. On appeal, he contends (1) his second trial violated the Fifth Amendment’s Double Jeopardy Clause1 and (2) the evidence *208was insufficient to prove Ms guilt. We agree that the double jeopardy prohibition bars his second trial and reverse and dismiss his convictions.

I

On December 15, 1999 appellant’s case was called for trial before the Honorable Paul Sheridan. Twenty people were called…