Legal Opinion

Dalo v. Commonwealth

Court of Appeals of Virginia

Decided November 20, 2001No. 2524001PublishedCited by 16 opinions

1Opinion of the Court

FRANK, Judge.

Mario Udasco Dalo (appellant) was convicted in a bench trial of involuntary manslaughter, in violation of Code § 18.2-36.1(A). On appeal, he contends this conviction violated the principles of double jeopardy because he also was convicted of driving while under the influence (DUI), in violation of Code § 18.2-266, based on the same evidence. After consideration of the legislative scheme and implicit intentions of the General Assembly, we affirm the involuntary manslaughter conviction.

BACKGROUND

The facts are not in controversy.

On the evening of October 5, 1999, appellant was…

2Cases cited31 opinions

  1. Blockburger v. United StatesSupreme Court of the United States · 1931
  2. North Carolina v. PearceSupreme Court of the United States · 1969
  3. Brown v. OhioSupreme Court of the United States · 1977
  4. Cannon v. University of ChicagoSupreme Court of the United States · 1979
  5. Missouri v. HunterSupreme Court of the United States · 1983

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3Cited by16 opinions

  1. West v. CommonwealthCourt of Appeals of Virginia · 2004
  2. Davis v. CommonwealthCourt of Appeals of Virginia · 2011
  3. Goodman v. CommonwealthCourt of Appeals of Virginia · 2002
  4. Commonwealth v. GreggSupreme Court of Virginia · 2018
  5. McClellan v. CommonwealthCourt of Appeals of Virginia · 2003

11 more not listed; retrieve them via the Exa API.

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