Commonwealth v. Gregg, 295 Va. 293

Gregg shot and killed Junior Montero Sanchez during an attempted repossession of Gregg’s truck; Gregg admitted shooting but claimed it was accidental.
Indicted for first- and second-degree murder, use of a firearm in the commission of murder, and shooting into an occupied vehicle under Code § 18.2-154; jury convicted Gregg of both common law involuntary manslaughter and involuntary manslaughter under Code § 18.2-154.
Gregg moved to dismiss one manslaughter conviction arguing double jeopardy; trial court denied the motion.
The Court of Appeals reversed, holding Gregg could not be sentenced for both manslaughter offenses and remanded for resentencing after the Commonwealth elected which conviction to sentence on.
The Commonwealth appealed to the Supreme Court of Virginia, which affirmed the Court of Appeals and ordered the trial court to allow the Commonwealth to elect between the two manslaughter sentences and to vacate the other.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether convicting and sentencing Gregg for both common law involuntary manslaughter and involuntary manslaughter under Code § 18.2-154 violates the Double Jeopardy Clause	Gregg: dual convictions impose multiple punishments for the same offense (involuntary manslaughter) in a single trial	Commonwealth: the two offenses are distinct statutory provisions; cumulative punishment is permissible absent a clear legislative prohibition	Court held the two convictions are for the same offense; double jeopardy barred imposing both sentences; remand for the Commonwealth to elect which sentence to impose

Gregg v. Commonwealth, 67 Va. App. 375 (Va. Ct. App. 2017) (Court of Appeals decision reversing dual manslaughter sentencing)
Blockburger v. United States, 284 U.S. 299 (1932) (test whether each offense requires proof of an element the other does not)
Whalen v. United States, 445 U.S. 684 (1980) (legislative intent controls multiple punishments; Blockburger is a rule of statutory construction)
Missouri v. Hunter, 459 U.S. 359 (1983) (courts must respect legislature's express authorization of cumulative punishments)
Albernaz v. United States, 450 U.S. 333 (1981) (statutory construction guides multiple-punishment analysis)
Payne v. Commonwealth, 257 Va. 216 (1999) (double jeopardy protects against multiple punishments; analysis of legislative intent)
Andrews v. Commonwealth, 280 Va. 231 (2010) (legislative intent from statute or history can preclude Blockburger analysis)
West v. Dir., Dep’t of Corr., 273 Va. 56 (2007) (elements of common law involuntary manslaughter defined under Virginia law)
Brown v. Ohio, 432 U.S. 161 (1977) (single-trial multiple-punishment inquiry focuses on legislative authorization)