West v. Commonwealth

I would hold that James Darrell West properly preserved Ms double jeopardy argument for appeal and that the imposition of pumshment for both common law involuntary manslaughter and aggravated involuntary manslaughter pursuant to Code § 18.2-36.1(B) violated double jeopardy prmciples under the facts of tMs case. To the extent the majority concludes the evidence was sufficient to support West’s remaining convictions, for aggravated involuntary manslaughter and driving while intoxicated, I concur in that portion of the opinion. Thus, I would reverse the conviction for involuntary manslaughter…