Armstead v. Commonwealth

ALSTON, Judge.

Kevin Lamont Armstead (appellant) appeals his conviction for unlawful shooting at an occupied vehicle, in violation of Code § 18.2-154. Appellant contends that double jeopardy bars his conviction, because he was previously tried and convicted of assault, arising out of the same events. Appellant argues that assault is a lesser-included offense of unlawful shooting at an occupied vehicle. For the reasons stated, we disagree with appellant and affirm his conviction.

Background

The material facts are not in dispute. The parties stipulate that on September 24, 2006, appellant and…