Case Brief

Citation: Parties: Payne v. Commonwealth of Virginia, 52 Va App. 120, 661 S.E. 2d 513 (2008) Commonwealth of Virginia, Plaintiff-Appellee Kelly Dinelle Payne, Defendant-Appellant Facts: After fleeing the scene of an accident, Payne struck Ashokkumar Patel, a pedestrian, as she drove her white pickup truck up on a curb while intoxicated. She continued on entrance ramp without stopping. Patel died from blunt force injuries received by being struck by Paynes truck. Defendant was convicted in the Circuit Court, City of Richmond of felony homicide and aggravated involuntary manslaughter, and she was sentenced to 20 years imprisonment for each offense. Defendant appealed. Did the separate punishments for felony homicide and aggravated involuntary manslaughter of a single victim constitute as double jeopardy? No, the Court of Appeals held that separate punishments for felony homicide and aggravated involuntary manslaughter did not violate double jeopardy even though the offenses shared a single victim. A conviction under Virginia Code Section 18.2-33, felony homicide, requires proof that the accused unintentionally killed a person while in the process of committing another felonious crime other than those specified in Virginia Code Section 18.2-31 and 18.2-32. Payne was fleeing the scene of a previous accident prior to striking Patel. As a result of Payne striking and killing Patel with her vehicle, she was also in violation of Virginia Code Section 18.2-36.1(B), aggravated involuntary manslaughter. Patel was killed due to Payne driving while intoxicated in a manner so gross and culpable, demonstrating a reckless disregard for human life. Because the statutes at issue punish separate offenses arising out of the same course of conduct, demonstrating a legislative intent to authorize cumulative punishments, the requirement of separate punishments for each offense does not violate the double jeopardy prohibition against multiple punishments. Disposition: Comments: Appellants conviction was affirmed. Here, there was only one victim for which the defendant was charged for two separate offenses. One might benefit by exploring other cases involving more than one victim to see how convictions and punishments are issued.

Prior Proceeding:

Issue:

Holding:

Reasoning: