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DALO v. COM.

Record No. 2524-00-1.

554 S.E.2d 705 (2001)

37 Va. App. 156

Mario Udasco DALO v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia at Chesapeake.

November 20, 2001.

Attorney(s) appearing for the Case

Steven C. Frucci (Brydges, O'Brien & Frucci, on briefs), Virginia Beach, for appellant.

Virginia B. Theisen, Assistant Attorney General (Randolph A. Beales, Acting Attorney General, on brief), for appellee.

Present: BRAY, FRANK and CLEMENTS, JJ.

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...

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