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MONTANO v. COM.

Record No. 0286-12-4.

739 S.E.2d 241 (2013)

61 Va. App. 610

Carlos Abraham Martinelly MONTANO, S/K/A Carlos Martinelly-Montano v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Alexandria.

March 26, 2013.

Attorney(s) appearing for the Case

Dimitri L. Willis ( Michael S. Arif ; Arif & Associates, P.C., on brief), for appellant.

Donald E. Jeffrey, III , Senior Assistant Attorney General ( Kenneth T. Cuccinelli, II , Attorney General, on brief), for appellee.

Present: PETTY and CHAFIN, JJ., and ANNUNZIATA, Senior Judge.

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...

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