Carlos Abraham Martinelly Montano, s/k/a, etc. v. Commonwealth of Virginia

ANNUNZIATA, Judge.

Carlos Abraham Martinelly Montano (appellant) entered guilty pleas to the charges of third offense driving while intoxicated, involuntary manslaughter, driving with a suspended license, and two counts of maiming resulting from driving while intoxicated. Following a bench trial, he was also convicted of felony murder predicated on the felony driving while intoxicated offense. On appeal, appellant argues the trial court erred by 1) “imputing malice to [his] action of drunk driving,” 2) “holding that the homicide was within the res gestae of the felonious undertaking,” 3)…