Hudgins v. Commonwealth

ELDER, Judge.

Tarik H. Hudgins (appellant) appeals from his bench trial conviction for grand larceny from the person in violation of Code § 18.2-95(i). On appeal, he contends the trial court erroneously ruled that his trial and conviction for grand larceny from the person did not violate double jeopardy principles in light of his previous acquittal on an indictment for robbery arising out of the same theft. Because appellant’s acquittal on the robbery indictment acted as an acquittal on the lesser-included offense of petit larceny, we hold that the collateral estoppel protections of the Double…