Commonwealth v. Gregg

Involuntary manslaughter under Va. Code 18.2-154 is the “same offense” as common law involuntary manslaughter.Defendant was convicted of both common law involuntary manslaughter and involuntary manslaughter under Va. Code 18.2-154. Defendant filed a motion to dismiss one of the charges, arguing that the Double Jeopardy Clause barred a conviction for both manslaughter offenses. The trial court denied the motion. The court of appeals reversed and remanded for a new sentencing proceeding to be held after the Commonwealth elected which conviction it would seek to have sentence imposed on. The Supreme Court reversed, holding that Defendant was twice convicted and sentenced in the same trial of the same offense - involuntary manslaughter - in violation of the Double Jeopardy Clause. View "Commonwealth v. Gregg" on Justia Law