Hall v. Commonwealth

ON REHEARING EN BANC

Opinion

COLEMAN, J.

In this appeal, we overrule that part of our decision in Lash v. Henrico County, 13 Va. App. 251, 260-61, 410 S.E.2d 689, 694 (1991), which held that Code § 19.2-2941 bars multiple convictions arising from the “same act,” even where the convictions are obtained in a single trial.2 We hold that Code § 19.2-294 does not bar multiple convictions for the “same act” when those convictions are obtained in a single trial. Multiple convictions and punishments for the “same act” may be precluded by the double jeopardy clause, even though obtained in a single…