Gregory Edward Leonard, II v. Commonwealth of Virginia
66 Va. App. 270
| Va. Ct. App. | 2016Background
- Appellant Gregory Leonard II was convicted of DUI, third offense, after March 26, 2012, in a bench trial.
- The Commonwealth relied on two prior DUI convictions (2010 and 2012) as predicates for the third-offense charge.
- The 2012 predicate included a March 16, 2012 DUI, second offense conviction reduced to DUI, first offense.
- The trial court admitted the 2010 conviction into evidence for sentencing enhancement under Code § 18.2-270 and found Leonard not credible.
- Leonard challenged (i) sufficiency of the 2012 DUI evidence, (ii) use of the 2010 conviction as a predicate, and (iii) collateral estoppel against the 2010 conviction.
- This appeal results in affirming the DUI conviction but vacating the third-offense sentence and remanding for sentencing on DUI, second offense.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for DUI 18.2-266 | Leonard contends evidence is insufficient | Commonwealth argues evidence shows driving under the influence | Sufficient; driver shown to have consumed alcohol and to have driven and exhibited intoxication. |
| Collateral estoppel and the 2010 conviction | Leonard argues 2010 conviction invalidates use as a predicate | Commonwealth contends issue litigated and preclusive | Collateral estoppel applies; 2010 conviction cannot be used to enhance under 18.2-270(C)(1). |
| Interpretation of 18.2-270(C)(1) predicate for third offense | Three offenses within 10 years requires 2 prior convictions; second offense predicate needed | Statute does not require a second-offense conviction as predicate | Plain language: three offenses within 10 years suffice without a second-offense conviction. |
| Remedy for insufficient evidence on greater offense | Remand for new trial on DUI third offense or other relief | Remand for sentencing on lesser offense is appropriate | Remand for sentencing on DUI, second offense; affirmance of DUI, third offense, vacating that sentence. |
Key Cases Cited
- Ashe v. Swenson, 397 U.S. 436 (U.S. Supreme Court 1970) (collateral estoppel requires actual litigated issues and final judgment)
- Turner v. Commonwealth, 49 Va. App. 381, 641 S.E.2d 771 (Va. Ct. App. 2007) (double jeopardy limits on de novo trial after district court acquittal)
- Lee v. Commonwealth, 219 Va. 1108, 254 S.E.2d 126 (Va. 1979) (form warrants; collateral estoppel requires record basis for ruling)
- Rice v. Commonwealth, 57 Va. App. 437, 703 S.E.2d 254 (Va. Ct. App. 2011) (collateral estoppel elements; burden on party seeking estoppel)
- Vasquez v. Commonwealth, Va. _, 781 S.E.2d 920 (Va. 2016) (reasonable-hypothesis standard for DUI innocence)