Hall v. Commonwealth

In this appeal, we overrule that part of our decision in Lash v. Henrico County, 13 Va. App. 251, 260-61, 410 S.E.2d 689, 694 (1991), which held that Code § 19.2-294 bars multiple convictions arising from the "same act," even where the convictions are obtained in a single trial. We hold that Code § 19.2-294 does not bar multiple convictions for the "same act" when those convictions are obtained in a single trial. Multiple convictions and punishments for the "same act" may be precluded by the double jeopardy clause, even though obtained in a single trial. See Missouri v. Hunter, 459 U.S. 359 (1983). Code § 19.2-294 bars the Commonwealth from securing multiple convictions for the "same act" through successive "prosecutions or proceedings" after having previously obtained a conviction. Unlike the double jeopardy clause, the statute operates only to successive prosecutions following a conviction. We further hold that the trial Judge did not err regarding the evidence he considered in determining the role which Hall played in committing the crimes, and the court did not err in refusing to declare a mistrial.