PAYNE v. COM.

Record No. 081258.

674 S.E.2d 835 (2009)

Kelly Dinelle PAYNE v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

April 17, 2009.


Attorney(s) appearing for the Case

Dean C. Marcus (Marks & Harrison, on brief), for appellant.

Virginia B. Theisen, Sr. Asst. Atty. Gen. (Robert F. McDonnell, Atty. Gen.; Joanne V. Frye, Asst. Atty. Gen., on brief), for appellee.

Present: HASSELL, C.J., KOONTZ, KINSER, LEMONS, GOODWYN, and MILLETTE, JJ., and CARRICO, S.J.


OPINION BY Justice S. BERNARD GOODWYN.

In this appeal, the primary issue is whether a criminal defendant can be convicted and punished for both felony homicide and aggravated involuntary manslaughter when the defendant killed one victim.

In the Circuit Court of the City of Richmond, Kelly D. Payne was charged with felony homicide in violation of Code § 18.2-33, aggravated involuntary manslaughter in violation...

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