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HOLLEY v. COM.

Record No. 0939-13-1.

765 S.E.2d 873 (2014)

64 Va. App. 156

Jonathan Marquis HOLLEY v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Richmond.

December 23, 2014.

Attorney(s) appearing for the Case

Dianne G. Ringer (Bierowicz & Ringer, P.C., on briefs), for appellant.

Virginia B. Theisen ,, Senior Assistant Attorney General ( Mark R. Herring , Attorney General; Katherine Quinlan Adelfio , Assistant Attorney General, on briefs), for appellee.

Present: FELTON, C.J., FRANK, HUMPHREYS, KELSEY, PETTY, BEALES, ALSTON, McCULLOUGH, HUFF, CHAFIN and DECKER, JJ.

UPON A HEARING EN BANC

Jonathan Marquis Holley argues that the Double Jeopardy Clause precludes a conviction and punishment for both second-degree murder and first-degree felony murder when there is only one victim. We agree and reverse the lesser conviction of second-degree murder along with its attendant conviction for...

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